Student loan funds, exempt from garnishment under federal statute, retain their exempt status after deposit in the student’s bank account.
C. Bradford
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.
State v. Renzulli, No. 32A04-1003-CR-194, __ N.E.2d __ (Ind. Ct. App., Oct. 4, 2010)
One of three separate opinions in plurality decision would hold State had to corroborate citizen tip with testimony that officers saw no other vehicles besides defendant’s which matched the tipster’s description.
Wilson v. State, No. 49A02-1001-CR-60, ___ N.E.2d ___ (Ind. Ct. App., Aug. 10, 2010)
(1) Because State’s request to amend the charging information the day before trial was made under the amended version of Ind. Code § 35-34-1-5, Defendant’s failure to request a continuance to prepare his defense resulted in a waiver of the issue for appellate review; (2) although trial court should have redacted unrelated character evidence from Defendant’s BMV record, Defendant failed to prove that the admission of the evidence made a fair trial impossible.