Inverse condemnation is the sole remedy for a governmental act that purports to exercise all rights of ownership over a parcel of land; the six year statute of limitations for trespass applies to such a claim.
Supreme
Shotts v. State, No. 71S03-0905-CR-253, __ N.E.2d __ (Ind., Apr. 15, 2010)
Suppression of evidence found during Indiana warrantless extradition arrest erroneously focused on flaws in Alabama magistrate’s probable cause determination, when correct inquiry was whether Indiana officers’ reliance on the report of Alabama warrant was reasonable.
Beattie v. State, No. 82S01-0907-CR-307, __ N.E.2d __ (Ind., Apr. 8, 2010)
Inconsistent verdicts in criminal cases are permissible and are not subject to judicial review.
Kiplinger v. State, No. 62S00-0809-CR-486, __ N.E.2d __ (Mar. 22, 2010)
Life without parole sentence could not be imposed when jury made no express finding the alleged aggravating circumstance had been proven beyond a reasonable doubt and the jury returned no sentencing recommendation.
State v. Schlecty, No. 38S04-0905-CR-246, __ N.E.2d __ (Ind., Mar. 24, 2010)
Fourth Amendment permits a reasonably conducted warrantless search of a probationer’s property supported by a probation search term and a reasonable suspicion of criminal activity.