Sex Offender Registration Act was not unconstitutional ex post facto punishment as applied, even though defendant’s offenses were in 1988 and SORA was not enacted until 1994; the seven Mendoza-Martinez factors, including seventh “excessiveness” element that is “accorded special weight,” balanced in favor of finding registration non-punitive.
M. Barnes
State v. Taylor, No. 46A04-1407-CR-316, ___ N.E.3d ___ (Ind. Ct. App., June 10, 2015).
Trial court erred in ordering blanket suppression of all testimony from police officers who invoked their Fifth Amendment rights in connection with eavesdropping on defendant’s discussions with counsel. Officers’ misconduct was egregious, but blanket exclusion was too extreme and Court of Appeals was not willing to presume prejudice to defendant’s Sixth Amendment confrontation rights. Instead, trial court would need to make individualized determinations of prejudice at trial in light of each witness’s testimony on direct examination.
Dunn v. State, No. 49A02-1407-CR-470, ___ N.E.3d ___ (Ind. Ct. App., May 26, 2015).
Court abused its discretion by granting State’s motion to withdraw a plea agreement because the victim had not been notified; victim-notice error was invited by State’s sworn assertion in connection with the plea agreement that victim had been notified.
Jahangirizadeh v. Pazouki, No. 29A02-1408-DR-530, __N.E.3d __ (Ind. Ct. App. , March 19, 2015).
Although the motion to set aside adequately alleged that the court’s property division was actually influenced by a party’s alleged falsification of assets, it was not enough to establish a possible case for an independent action for fraud or fraud on the court.
Meridian North Investments v. Sondhi, No. 49A02-1405-PL-311, __N.E.3d __ (Ind. Ct. App., Feb. 24, 2015).
Plaintiff is not personally bound by exculpatory provisions in lease with Defendant that Plaintiff signed on behalf of his corporation.