Because Defendant-City’s actions were discretionary functions, Plaintiff’s tort claim was barred under the Indiana Tort Claims Act.
C. Bradford
L.W. v. State, No. 49A02-0909-JV-841, __ N.E.2d __ (Ind. Ct. App., Apr. 22, 2010)
Telephone tip describing a burglar from informant who identified himself when he called the police did not, in combination with all the other circumstances of the case, give the police the reasonable suspicion required for an investigatory stop.
Tolliver v. State, No. 45A03-0906-CR-250, __ N.E.2d __ (Ind. Ct. App., Mar. 18, 2010)
Allowing police officer to testify as an expert on “body language” bearing on credibility was error, but testimony officer actually gave was admissible lay opinion evidence about physical behavior indicating reluctance to cooperate.
Robinson v. State, No. 20A04-0909-CR-530, __ N.E.2D __ (Ind. Ct. App., Dec. 29, 2009)
Sheriff’s failure to transport defendant from correctional facility for initial hearing did not stop the running of the 70 day period for defendant’s Criminal Rule 4(B) speedy trial.
Wright v. State, No. 49A04-0905-CR-259, __ N.E.2d __ (Ind. Ct. App., Nov. 10, 2009)
Dying stab victim’s response to question “who did this” from police officer trying to help staunch the wounds was not “testimonial” under Crawford doctrine and hence its admission did not violate defendant’s confrontation right.