Auto purchaser was entitled to “Lemon Law” relief after seller’s fourth unsuccessful repair attempt even though a fifth repair attempt apparently succeeded after the “Lemon Law” was invoked.
Appeals
Upton v. State, No. 52A02-0812-CR-1112, __ N.E.2d __ (Ind. Ct. App., Apr. 23, 2009)
Application of “credit restricted felon†statute to offense committed before statute’s effective date violated ex post facto prohibition.
Moore v. Moore, No. 49A02-0810-CV-978, __ N.E.2d __ (Ind. Ct. App., Apr. 16, 2009)
Protective order prohibiting only threats or violence but permitting contact erroneously did not address petitioner’s concerns with harassment or provide relief necessary to prevent violence or threats of violence as required by statute.
Hayworth v. State, No. 07A01-0804-CR-197, __ N.E.2d __ (Ind. Ct. App., Apr. 20, 2009)
Continuing objection procedure requires counsel to remain silent during the subsequent admission of the class of evidence subject to the objection. Search warrant affidavit did not establish probable cause due to insufficient corroboration of informant’s statements. Affiant detective’s misleading statements amounted to deliberate, reckless, or grossly negligent conduct which “good faith” doctrine would not excuse to save the search.
Payday Today, Inc. v. Defreeuw, No. 71A05-0804-CV-253, ___ N.E.2d ___ (Ind. Ct. App., Apr. 9, 2009)
Because payday loan company did not unambiguously include interest in its agreement with the borrower, it cannot recover interest from that borrower.