Evidence of constructive possession of marijuana, found in defendant’s house under her coffee table next to two juveniles on the couch, was insufficient to convict.
C. Bradford
Hoglund v. State, No. 90A02-1005-CR-591, __ N.E.2d __ (Ind. Ct. App., Feb. 22, 2011)
Rejects argument that caselaw has superseded Lawrence v. State’s holding permitting ” some accrediting of the child witness in the form of opinions from parents, teachers, and others having adequate experience with the child, that the child is not prone to exaggerate or fantasize about sexual matters.”
Brindle v. Arata, No. 02A05-1004-SC-239, __ N.E.2d __ (Ind. Ct. App., Dec. 7, 2010)
Student loan funds, exempt from garnishment under federal statute, retain their exempt status after deposit in the student’s bank account.
Holmes v. Celadon Trucking Servs. of Ind., Inc., No. 49A02-1007-PL-714, __ N.E.2d __ (Ind. Ct. App., Nov. 15, 2010)
An action commences when the initiating party files the original and necessary copies of the complaint, the prescribed filing fee, and the original and necessary copies of the summons. Delayed filing of an appearance has no impact on the commencement of the action for statute of limitations purposes.
Thomas v. State, No. 49A02-1002-CR-105, __ N.E.2d __ (Ind. Ct. App., Nov. 8, 2010)
Vacates invasion of privacy conviction for protection order subject’s “stop calling me, fagot [sic]” remark to protected person during a court hearing, on basis direct contempt was “more appropriate” remedy.