Inventory search of vehicle was not unreasonable despite officers’ significant deviation from written department policy for such searches; breach of policy, without more, did not show that the inventory was pretext for an investigatory search.
P. Mathias
Wartell v. Lee, No. 02A03-1503-PL-81, __ N.E.3d __ (Ind. Ct. App., Dec. 7, 2015).
An allegedly defamatory statement related to a person’s trade, profession, office, or occupation is not defamatory per se, but the statement must impute a serious level of misconduct in a way that does not require reference to extrinsic facts for context.
Carmer v. Carmer, No. 49A05-1411-DR-539, __ N.E.3d __ (Ind. Ct. App., Oct. 30, 2015).
The trial court erred when it failed to consider structured settlement payments in its calculation of gross income for the purposes of child support.
Henderson v. State, No. 34A02-1501-CR-33, ___ N.E.3d ___ (Ind. Ct. App., Sept. 30, 2015).
There is no statutory, constitutional, or common law restriction on court’s discretion to impose consecutive sentences for misdemeanor offenses. However, court must conduct indigency hearing before imposing a fine.
Hale v. State, No. 35A02-1501-CR-57, ___ N.E.3d ___ (Ind. Ct. App., Sept. 30, 2015).
Denial of motion to depose codefendants, though error, was not properly preserved for appeal; when codefendants testified at trial, defendant did not seek to exclude their testimony, renew his request to depose them, or seek a continuance.