Trial court retained subject-matter jurisdiction to resolve defendant’s constitutional claim against the Department of Correction requiring him to register as a sex offender.
M. Robb
Carr v. State, No. 18A-CR-286, __ N.E.3d __ (Ind. Ct. App., July 23, 2018).
Admission of a prior statement made by the victim to a law enforcement official did not violate defendant’s Sixth Amendment confrontation rights and was admissible as a hearsay exception when defendant’s own wrongdoing caused the victim’s unavailability.
Harr v. Hayes, No. 49A02-1711-CT-2595, __ N.E.3d __ (Ind. Ct. App., July 3, 2018).
Damages were not limited to $75,000 for a case that was remanded to state court because the alleged amount in controversy did not exceed $75,000.
Randall v. State, No. 49A02-1708-CR-1779, __ N.E.3d __ (Ind. Ct. App., April 26, 2018).
When defendant was found leaning forward or slumped over in the driver’s seat of a car with the driver’s door open and ignition off, the trial court’s denial of motion to suppress evidence applying the community caretaking function was error, but its ruling was sustainable on the emergency aid exception.
Arkla Industries, Inc. v. Bendix-Westinghouse Automotive Air Brake Co., No. 87A01-1709-CC-2140, ,__ N.E.3d __(Ind. Ct. App., March 8, 2018).
Defendant did not waive transfer to a preferred venue when the case was removed to federal court; trial court was required to transfer the case to defendant’s preferred venue upon remand to state court.