If, at the time of filing suit for forfeiture, a land contract vendor knows, or upon reasonable diligence should have known, that a tenant is in possession of the property, the tenant’s leasehold interest survives the forfeiture action unless the tenant is made a party to the forfeiture litigation.
Supreme
Pendergrass v. State, No. 71S03-0808-CR-00445, __ N.E.2d __ (Ind., Sept. 24, 2009).
Admission of DNA test results without testimony of technician who performed DNA test procedures but with testimony of lab supervisor who reviewed the specific results and of expert who prepared paternity analysis satisfied defendant’s federal Crawford Confrontation Clause right.
Rovai v. Rovai, No. 45S03-0812-CV-00628, ___ N.E.2d ___ (Ind.. Sept. 2, 2009)
Dissolution statutes authorize (but do not require) a court to assess interest in the course of fashioning a just division of assets.
Alvey v. State, No. 82S01-0902-CR-66, __ N.E.2d __ (Ind., Aug. 24, 2009)
A defendant whose motion to suppress is denied cannot plead guilty and then appeal the denial of his motion, even if his plea agreement provides for it.
Jackson v. State, No. 48S02-0809-CR-513, __ N.E.2d __ (Ind. Ct. App., June 30, 2009)
Assuming search warrant affidavit did not state probable cause, it still presented enough “indicia” for the “good faith exception” to apply.