Because whether a plaintiff has complied with the requirements of the ITCA is one of law, but the answer may depend upon the resolution of disputed facts, the issue should be handled by a carefully drafted jury instruction.
M. Massa
Carpenter v. State, No. 02S05-1404-CR-246, __ N.E.3d __ (Ind., Oct. 21, 2014).
Police’s warrantless home entry through open back door to retrieve an aggressive and bloody dog violated the Indiana Constitution, Article I, § 11 protection against unreasonable search.
Evansville Courier & Press v. Vanderburgh County Health Dept., No. 82S04-1401-PL-49, __ N.E.3d __ (Ind., Oct. 7, 2014).
Death certificates with the cause of death are public records and should be available to anyone requesting access.
Carpenter v. State, No. 02A05-1309-CR-467, __ N.E.3d __ (Ind. Ct. App., Aug. 26, 2014).
As an issue of first impression, this case holds that the hearsay rule does not prohibit admission of mail exhibits to demonstrate the defendant’s name and address were on mail found in a specific location.
Guilmette v. State, No. 71S04-1310-CR-705, __ N.E.3d __ (Ind., Aug. 13, 2014).
Police do not need a separate warrant to test lawfully seized evidence which is unrelated to the crime for which the defendant is in custody.