Statutory requirement that auditor send a first-class mail notice of tax due to property owner when initial certified mail notice is returned undelivered must be complied with to comport with due process.
P. Mathias
M.S. v. C.S., No. 03A01-1003-DR-140, __ N.E.2d __ (Ind. Ct. App., Dec. 7, 2010)
Child custody statute does not authorize a parent to obtain “joint custody with third parties by simply filing a joint petition with a trial court, because to do so would allow parents and third parties to circumvent the requirements of the Adoption Act.”
Britt v. State, No. 02A03-1004-CR-253, __ N.E.2d __ (Ind. Ct. App., Dec. 1, 2010)
Britt v. State (Ind. Ct. App., Mathias, J.)-When robbery defendant called his brother as a witness and did not attack the brother’s credibility, the brother’s prior robbery conviction was inadmissible character evidence.
Parish v. State, No. 02A03-1002-CR-74, __ N.E.2d __ (Ind. Ct. App., Nov. 9, 2010)
When officer knew motorist stopped for a traffic violation and handcuffed outside the vehicle for safety was a suspect in shootings, her protective search of passenger compartment permissibly included unlocking the glove box to check it for weapons.
Arlton v. Schraut, No. 79A02-0906-CV-541, __ N.E.2d __ (Ind. Ct. App., Nov. 9, 2010)
Deliberating jury should have been provided with a computer or some other method to view CD exhibits containing high-resolution digital images of plaintiff’s pre-surgery retina; failure of court to provide a viewing method or to give tendered instruction that jury could ask to view the CD images in open court was reversible error.