Trial court improperly found that a child with special needs is a child in need of services.
Supreme
American Cold Storage v. The City of Boonville, No. 87S01-1303-PL-157, __ N.E.2d __ (Ind., Jan. 21, 2014).
Multiple parcels of land acquired by the state for an adjoining public roadway are counted as one parcel for purposes of determining whether the remonstrating landowners comprise 65% of the owners of the annexed territory.
Walker v. State, No. 49S02-1312-CR-804, __ N.E.2d __ (Ind., Dec. 12, 2013).
Reviews caselaw on resisting law enforcement offense and affirms conviction when defendant “refused repeated orders to lay down on the ground and advanced aggressively, with his fists clenched, to within a few feet of the police officer issuing the orders before ultimately being tased.”
Speers v. State, No. 55S01-1312-CR-841, __ N.E.2d __ (Ind., Dec. 19, 2013).
“[A] laboratory technician involved in the chain of custody of DNA evidence” need not “testify at trial in order to satisfy the demands of a defendant’s Sixth Amendment right of confrontation.”
Halliburton v. State, No. 20S00-1206-LW-560, __ N.E.2d __ (Ind., Dec. 19, 2013).
Limiting instruction erroneously advised the jury that the court had ruled the evidence to be relevant and admissible because the probative value outweighed any prejudice, but the error was not fundamental.