Defendant’s due process rights were violated and the trial court erred in finding defendant in contempt when the motion for contempt citation did not contain detailed factual allegations, clearly and distinctly set forth the facts alleged to constitute contempt, or specify with reasonable certainty the time and place of the facts supporting the allegations of contempt.
E. Brown
In re D.B., No. 49A02-1501-JC-48, __ N.E.3d __ (Ind. Ct. App., Sept. 2, 2015).
Child’s absent, out-of-state father should be presumed to be a fit and capable parent unless the state proves otherwise.
Washington v. State, No. 49A02-1405-CR-306, ___ N.E.3d ___ (Ind. Ct. App., Aug. 20, 2015).
Under recent SCOTUS decision in Rodriguez v. U.S., defendant’s traffic stop was not unreasonably extended by drug-dog sniff or by officer’s questions.
Johnson v. State, No. 49A02-1409-CR-409, ___ N.E.3d ___ (Ind. Ct. App., June 23, 2015).
Pat-down was permissible under the federal and State constitutions when defendant said he had no ID, then placed his hand in his pocket and repeatedly refused commands to remove it.
Jordan v. State, No. 49A04-1410-CR-467, ___ N.E.3d ___ (Ind. Ct. App., June 25, 2015).
Loud accusations that traffic stop was racially motivated could not support conviction for disorderly conduct; statements were protected political speech and constituted no more than “fleeting annoyance” to bystanders.