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.
P. Mathias
Lewis v. State, No. 49A02-0908-CR-736, __ N.E.2d __ (Ind. Ct. App., July 27, 2010)
Plurality opinion holds that officer’s incursions into auto passenger compartment, after driver had been arrested outside the vehicle, violated 4th Amendment and Indiana Constitution Art. I Sec. 11.
McCabe v. Commissioner, Ind. Dep’t of Ins., 49A02-0908-CV-728, ___ N.E.2d ___ (Ind. Ct. App., July 20, 2010)
Attorney fees and expenses incurred by the personal representative’s attorney are not recoverable damages under the Adult Wrongful Death Statute.
Barnes v. State, No. 82A05-0910-CR-592, __ N.E.2d __ (Ind. Ct. App., Apr. 15, 2010)
Evidence required court to have instructed on defendant’s right to reasonably resist officer’s unlawful entry into defendant’s home.
Killebrew v. State, No. 49A05-0905-CR-246, __ N.E.2d __ (Ind. Ct. App., Apr. 6, 2010)
Defendant established prosecutor’s neutral explanations for peremptory strike were pretextual and hence violated Batson rule when white jurors were not struck after giving answers the same as struck African-American’s and trial judge made no finding on prosecutor’s assertion about struck juror’s “emphatic” demeanor.