Local rules authorizing contempt to enforce “personal order of garnishment,” an order to debtor to pay a money judgment in installments, violates Indiana Constitution; “personal orders of garnishment” may be used to compel debtor to apply property creditor shows is not exempt from execution; creditor may not use successive proceedings supplemental without showing new facts giving rise to belief the judgment debtor has property or income to satisfy the judgment.
M. Barnes
LaPorte Community School Corp. v. Rosales, No. 46A04-1001-CT-4, __ N.E.2d ___ (Ind. Ct. App., Oct. 27, 2010)
Negligence instruction on factual propositions plaintiff had to prove reversibly suggested defendant could be negligent without breaching duty of reasonable care, notwithstanding another instruction on the reasonable care element.
Kennedy v. State, No. 89A04-0907-CR-380, __ N.E.2d __ (Ind. Ct. App., Oct. 6, 2010)
Defense attack on technical details of DNA testing went to the weight, not admissibility, of DNA identification evidence.
Girdler v. State, No. 73A01-1001-CR-14, __ N.E.2d __ (Ind. Ct. App., Aug. 26, 2010)
Concludes, contrary to other Court of Appeals cases, that a defendant may be convicted of auto theft even if he was not the original thief; also concludes the rule of “exclusive possession of stolen property since the time of the original theft only applies where direct evidence of a defendant’s knowledge of the property’s stolen character is lacking and such knowledge must be proven circumstantially.”
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.