Police eavesdropping on attorney-client conference was reprehensible and presumptively prejudicial, but under the circumstances did not necessarily warrant suppression of all testimony from officers who invoked their Fifth Amendment privilege about the eavesdropping. Presumption of prejudice was rebuttable if State could prove beyond reasonable doubt that each witness’s anticipated testimony was untainted by the misconduct and do so without implicating witnesses’ Fifth Amendment privilege.
Supreme
State v. Buncich, No. 45S00-1409-PL-587, __ N.E.3d __ (Ind., March 22, 2016).
Consolidation of small voting precincts in Lake County is constitutional, nor is it an impermissible special law or a violation of the separation of powers doctrine.
State v. International Business Machines Corp., No. 49S02-1408-PL-00513, __ N.E.3d __ (Ind., March 22, 2016).
Using the performance standards and indicators provided in the master services agreement, collective breaches were material in light of the agreement as a whole.
Wahl v. State, Nos. 29S04-1510-CR-605 and 29S04-1510-CR-606, ___ N.E.3d ___ (Ind., Mar. 15, 2016).
Alternate juror interjecting himself into deliberations was presumptively prejudicial, and State failed to rebut the presumption; therefore, new trial was required.
Steele-Giri v. Steele, No. 45S04-1512-DR-00682, __ N.E.3d __ (Ind., March 15, 2016).
Because of the highly deferential standard of review afforded to trial courts in family law matters and in contempt matters, although the evidence might have supported motion for custody modification, such modification was not required.