When limiting former custodial parent’s parenting time, trial court erred by not making a specific finding that visitation would endanger child’s physical health or well-being or significantly impair his emotional development.
T. Crone
King v. State, No. 49A04-0810-CR-609, __ N.E.2d __ (Ind. Ct. App., June 30, 2009)
Internet service provider’s business record of defendant’s internet account activity was inadmissible under Ev. Rule 803(6) when there was no verification by provider of personal information filled in by the one who established the account, leading to a “lack of trustworthiness” under the Rule.
Dowdell v. City of Jeffersonville, No. 10A04-0811-CV-676, ___ N.E.2d ___ (Ind. Ct. App., June 9, 2009)
Jeffersonville ordinance that prohibited convicted sex offenders from entering public parks was unconstitutional as applied under the prohibition on ex post facto laws in the Indiana Constitution.
Attaway v. Omega, No. 11A01-0712-CV-608, ___ N.E.2d ___ (Ind. Ct. App., Mar. 13, 2009)
Trial court properly denied motion to dismiss for lack of personal jurisdiction, because defendants-eBay sellers purposefully availed themselves of the privilege of conducting activities within Indiana.
Shotts v. State, No. 71A03-0808-CR-400, __ N.E.2d __ (Ind. Ct. App., Mar. 12, 2009)
“Good faith” exception did not save arrest on Alabama arrest warrant which was based on a completely conclusory affidavit; fact arresting Indiana officers never had seen the warrant or affidavit did not alter the result.