Statute requires only one operating stoplight on a vehicle, so motorist whose vehicle had one operating stoplight and one burned out was not in violation of the traffic law, and officer’s good faith belief that an unoperational stoplight was an infraction did not justify stopping the motorist, so that motion to suppress should have been granted.
P. Mathias
Marion County Auditor v. Saw Mill Creek, LLC, No. 49A02-0912-CV-1192, __ N.E.2d __ (Ind. Ct. App., Dec. 3, 2010)
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.
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.