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.
T. Crone
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.
Harrison v. State, No. 49A04-0807-CR-423, __ N.E.2d __ (Ind. Ct. App., Feb. 26, 2009)
“Defense” to within-1,000-feet-of-park drug crime enhancement that defendant was “briefly” in the zone and no person under 18 was present is a mitigating factor like “sudden heat” which State must rebut if evidence puts it in issue.
McReynolds v. State, No. 82A01-0809-CR-432, __ N.E.2d __ (Ind. Ct. App., Mar. 4, 2009)
Live-in child caretaker had no more authority over the child than a babysitter, was not acting in loco parentis, and consequently could not invoke the parental discipline privilege in prosecution for battery on the child.
Lafayette v. State, No. 45A03-0803-CR-118, __ N.E.2d __ (Ind. Ct. App., Jan. 23, 2009)
In plurality opinion, concurring judge and dissenting judge take position that rape defendant puts his intent at issue for purposes of Evidence Rule 404(b) when he asserts sex was consensual; lead opinion takes contrary position.