Trial court abused its discretion when it: (A) determined that a previous dismissal without prejudice could serve as res judicata for a subsequent refiling of the same claim; and (B) stated that a plaintiff who fails to appear one time for trial in a small claims case was required to seek relief pursuant to Ind. Trial Rule 60.
Appeals
McGhee v. State, No. 48A02-0804-CR-345, __ N.E.2d __ (Ind. Ct. App., Dec. 29, 2008)
Confession was involuntary when it was induced by officer’s erroneous assurance that consensual sex between defendant and his adult niece was legal.
Fought v. State, No. 35A02-0807-CR-623, __ N.E.2d __ (Ind. Ct. App., Dec. 29, 2008)
Defendant’s presence in his automobile at a service station was in “a public place” for purposes of the public intoxication offense.
State v. Hunter, No. 49A02-0810-CR-884, __ N.E.2d __ (Ind. Ct. App., Dec. 30, 2008)
Blood alcohol test results were properly excluded when State failed to show that nurse drawing blood pursuant to a search warrant followed a protocol established by a physician or that the nurse was trained in obtaining blood samples.
Gibbs v. State, No. 49A02-0712-CR-1017, __ N.E.2d __ (Ind. Ct. App., Dec. 31, 2008)
Since the crime of attempted sexual misconduct with a minor requires that the intended victim actually be a minor, it cannot apply to a “sting” in which an adult police officer pretends in online conversations to be a child.