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Case Clips

Published by the Indiana Office of Court Services

E. Brown

Stanke v. Swickard, No. 29A02-1412-DR-862, __ N.E.3d __ (Ind. Ct. App., Aug. 31, 2015).

September 4, 2015 Filed Under: Civil Tagged With: Appeals, E. Brown

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.

In re D.B., No. 49A02-1501-JC-48, __ N.E.3d __ (Ind. Ct. App., Sept. 2, 2015).

September 4, 2015 Filed Under: Civil Tagged With: Appeals, E. Brown, J. Baker

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).

August 21, 2015 Filed Under: Criminal Tagged With: Appeals, E. Brown

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).

June 26, 2015 Filed Under: Criminal Tagged With: Appeals, E. Brown, T. Crone

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).

June 26, 2015 Filed Under: Criminal Tagged With: Appeals, E. Brown

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.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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