Defendant convicted of both deviate sexual conduct and fondling has the fondling conviction reversed, under the rule that multiple convictions cannot be imposed for the “same injurious consequences sustained by the same victim during a single confrontation.”
M. Bailey
New v. Personal Representative for the Estate of New, No. 71A04-0912-CV-744, __ N.E.2d __ (Ind. Ct. App., Dec. 2, 2010)
Estate beneficiaries were not entitled to notice when the personal representative’s amended final accounting, changed as ordered by the court after notice and a hearing, was filed and approved by the court.
Blanford v. Blanford, No. 65A01-1004-DR-181, __ N.E.2d __ (Ind. Ct. App., Nov. 10, 2010)
Use of separate child support worksheets, one for each child, to adjust for the different number of overnights each child would have with the noncustodial parent, erroneously inflated the parent’s support obligation under the Guidelines.
Wilkins v. State, No. 02A03-0910-CR-451, __ N.E.2d __ (Ind. Ct. App., July 27, 2010)
When factors which would justify a “no-knock” residential search were not “exigent,” but rather were known when the search warrant was applied for but not presented to the judge to have judicial authority for a “no-knock” entry, and the policy of the law enforcement agency was to routinely leave the “no-knock” decision to the police team rather than obtaining approval from an independent authority, suppression of the fruits of the “no-knock” search was appropriate under the Indiana Constitution.
Starr v. State, No. 49A04-0912-CR-677, __ N.E.2d __ (Ind. Ct. App., June 22, 2010)
Passenger for whom there is no reasonable suspicion of a law violation does not commit “refusal to identify self” C misdemeanor if he refuses to identify himself.