Admission of in-court field test for marijuana was error under Ev. Rule 702, as the field-tester did not testify as to the “specific name or otherwise identify the test, indicate its reliability or rate of accuracy or error, note the scientific principles on which it is based, or recognize any standards regarding its use and operation.”
J. Kirsch
M & M Investment Group, LLC v. Ahlemeyer Farms, Inc., No. 03A04-1112-CC-639, ___ N.E.2d ___ (Ind. Ct. App., July 16, 2012).
“We therefore conclude that the Indiana pre-tax sale notice statute violates the Due Process Clause of the Fourteenth Amendment because it does not require the government to provide sufficient notice prior to the tax sale either by mail or by personal service to mortgagees who have publicly recorded mortgages, even if such notice is not requested by the mortgagees, and because it provides that, even if the government fails to mail the requested notice or the notice is undeliverable for some reason, the validity of the tax sale will not be affected.”
Jones v. State, No. 49A02-1109-CR-853, __ N.E.2d __ (Ind. Ct. App., May 17, 2012).
Venue lay in county where victims resided when defendant violated the no-contact order by phoning them.
Hensley v. State, No. 63A01-1105-CR-195, __ N.E.2d __ (Ind. Ct. App., Mar. 8, 2012).
Search of probationer’s home was not truly conducted for probation reasons, and was an impermissible investigative search by police unsupported by reasonable suspicion of criminal activity.
State ex rel. FSSA v. Est. of Roy, No. 33A04-1105-ES-24, ___ N.E.2d ___ (Ind. Ct. App., Feb. 28, 2012).
FSSA, a subdivision of the State, filed a valid lien against the property of a Medicaid recipient, had a preferred claim under Ind. Code 12-15-9-1, and was not required to file its claim within nine months of the death of the Medicaid recipient.