When limiting former custodial parent’s parenting time, trial court erred by not making a specific finding that visitation would endanger child’s physical health or well-being or significantly impair his emotional development.
E. Brown
Metro Health Professionals, Inc. v. Chrysler, LLC, No. 06A04-0809-CV-547, __ N.E.2d ___ (Ind. Ct. App., May 4, 2009)
Auto purchaser was entitled to “Lemon Law” relief after seller’s fourth unsuccessful repair attempt even though a fifth repair attempt apparently succeeded after the “Lemon Law” was invoked.
Upton v. State, No. 52A02-0812-CR-1112, __ N.E.2d __ (Ind. Ct. App., Apr. 23, 2009)
Application of “credit restricted felon†statute to offense committed before statute’s effective date violated ex post facto prohibition.
Taylor v. State, No. 49A02-0809-CR-795, __ N.E.2d __ (Ind. Ct. App., Apr. 7, 2009)
When the defendant agreed to go to the station for questioning about another matter, he had already received his ticket for driving without his seatbelt, so the subsequent search of his person made for the safety of the officer who would drive him to the station did not violate the Seatbelt Enforcement Act. But because defendant had not agreed to be driven to the station by the police for the questioning, the search of his person was unreasonable under Article 1, section 11 of the Indiana Constitution.
Attaway v. Omega, No. 11A01-0712-CV-608, ___ N.E.2d ___ (Ind. Ct. App., Mar. 13, 2009)
Trial court properly denied motion to dismiss for lack of personal jurisdiction, because defendants-eBay sellers purposefully availed themselves of the privilege of conducting activities within Indiana.