The dealing in a synthetic drug and possession of a synthetic drug offenses, as in effect in 2012, are unconstitutionally vague.
M. May
J.P. v. Mid American Sound, No. 49A04-1405-CT-207, __ N.E.3d __ (Ind. Ct. App., Jan. 14, 2015).
The Indiana Tort Claims Act aggregate liability cap, as applied to the defendant, is constitutional.
Gertiser v. Stokes, No. 29A02-1401-DR-43, __ N.E.3d __ (Ind. Ct. App., Jan. 14, 2015).
It should have been considered a substantial and continuing change of circumstances when a woman receiving spousal maintenance now has substantial income and assets as a result of remarriage.
Watters v. State, No. 34A02-1403-CR-215, __ N.E.3d __ (Ind. Ct. App., Nov. 21, 2014).
Under the “indicia of reliability” rule for probation revocation evidence, admission of uncertified exhibits not substantiated by certified copies, affidavits, or testimony was reversible error.
Swallow v. State, No. 89A01-1401-CR-24, __ N.E.3d __ (Ind. Ct. App., Oct. 28, 2014).
Special prosecutor was not required when defense counsel joined the prosecutor’s office as a deputy, since adequate steps were taken to insure that the former defense counsel had no communications of any sort with other members of the prosecutor’s office about defendant’s case.