Officer who lies to gain entrance to a home, without exigent circumstances and after consensual entry was denied, is not acting within the course of official duties so as to justify the arrest of the home owner for resisting arrest.
P. Mathias
Davis v. Summers, No, 53A01-1305-DR-22, __ N.E.2d __ (Ind. Ct. App., Dec. 20, 2013).
Indiana law does not automatically void a marriage if one of the parties later is legally recognized as the same gender as the spouse.
Williams v. State, No. 67A01-1302-CR-87, __ N.E.2d __ (Ind. Ct. App., Nov. 13, 2013).
Evidence of numerous acts of defendant’s sexual intercourse with his daughter left “no reasonable possibility” that the jury relied upon the same acts in finding defendant guilty of incest and child molesting, so that Indiana double jeopardy protection did not prohibit convictions for both offenses.
Angelopoulos v. Angelopoulos, No. 64A04-1211-PL-594, __ N.E.2d __ (Ind. Ct. App., Oct. 29, 2013).
Although the trial court issued a protective order for deposition materials, those materials were not automatically confidential under Administrative Rule 9(G)(1)(c).
Griffin v. State, No. 49A02-1212-CR-964, __ N.E.2d_ (Ind. Ct. App., Oct. 23, 2013).
When there is no indication of possible criminal activity, a citizen who walks away after a police officer orders him to stop does not commit the crime of resisting arrest by departing.
“[I]n the absence of statutory authority, a court may not impose community service in lieu of costs and fees.”