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.
P. Mathias
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.
Hizer v. Holt, No. 71A03-1002-PL-127, __ N.E.2d __ (Ind. Ct. App., Oct. 27, 2010)
Home seller may be held liable for fraudulent misrepresentations made on the IC 32-21-5-7 Sales Disclosure Form if the buyer can prove the seller’s actual knowledge of the defect at the time the form is completed.
Neukam v. State, No. 16A01-1002-CR-50, __ N.E.2d __ (Ind. Ct. App., Sept. 30, 2010)
Single photo show-up to witness who had already named and identified suspect was not unduly suggestive.
State v. Renzulli, No. 32A04-1003-CR-194, __ N.E.2d __ (Ind. Ct. App., Oct. 4, 2010)
One of three separate opinions in plurality decision would hold State had to corroborate citizen tip with testimony that officers saw no other vehicles besides defendant’s which matched the tipster’s description.