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| Castner v. State, No. 49A02-0412-CR-1045,
COURT OF APPEALS OF INDIANA, SECOND DISTRICT, January 12, 2006, Decided
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Overview: Trial court erred in convicting defendant of reckless possession of paraphernalia in violation of Ind. Code § 35-48-4-8.3 (Repl. 1998), as police officer who detained defendant did not have reasonable suspicion to justify detention, but defendant's conviction for theft in violation of Ind. Code § 35-43-4-2 was proper and, thus, was affirmed.
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| Ronco v. State, No. 64A05-0505-CR-271,
COURT OF APPEALS OF INDIANA, FIFTH DISTRICT, January 12, 2006, Decided
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Overview: Trial court erred when it engaged in a conversation with the jury regarding jury instructions; its comments occurred extemporaneously, without advanced consultation with the parties as to what the trial court would say, and the fact that the jury had not reached an impasse meant the trial court should not have been interacting with the parties.
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| Sanders v. State, No. 02S03-0505-CR-222,
SUPREME COURT OF INDIANA, January 12, 2006, Decided
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Overview: Because a letter from defendant to the trial court was clearly an admission of wrongdoing, an apology, and a plea for mercy and forgiveness, the "completeness doctrine" in Ind. R. Evid. 106 did not require the inclusion of the redacted material; therefore, the trial court properly admitted the redacted letter under Ind. R. Evid. 412.
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| City of Fort Wayne v. Util. Ctr., Inc., No. 93A02-0312-EX-01092,
COURT OF APPEALS OF INDIANA, SECOND DISTRICT, January 13, 2006, Decided
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Overview: Where Indiana Utility Regulatory Commission granted newly acquired utility's request for rate increase under Ind. Code § 8-1-2-6(a), Commission did not calculate acquisition adjustment expense based on hypothetical purchase price. Evidence presented by parties was used to determine what portion of purchase price was relevant to adjustment.
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| Commer. Credit Counseling Servs. v. W.W. Grainger, Inc., No. 49A02-0409-CV-792,
COURT OF APPEALS OF INDIANA, SECOND DISTRICT, January 13, 2006, Decided
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Overview: A purported transfer of security interests given to a garnishee in the assets of two creditors of two debtors was properly voided where the garnishee failed to establish any attachment of an authenticated security agreement and the garnishee violated Ind. Code § 32-18-2-14 since it had notice and failed to turn over the funds it held.
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| Erwin v. Erwin, No. 84A04-0501-CV-53,
COURT OF APPEALS OF INDIANA, FOURTH DISTRICT, January 13, 2006, Decided
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Overview: Where former wife was able to maintain employment as retail clerk, termination of maintenance was not justified due to change of circumstances under Ind. Code § 31-16-8-1(1). While her income exceeded expectations, she suffered from bi-polar disorder and was unable to work as nurse, as she had been terminated from nursing position.
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| Scott v. State, No. 71A03-0505-CR-240,
COURT OF APPEALS OF INDIANA, THIRD DISTRICT, January 13, 2006, Decided
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Overview: The trial court's failure to identify the proffered mitigating factors in regard to sentencing defendant to 40 years for class A felony robbery constituted error. However, the error was harmless because the record supported the finding of the two aggravating circumstances identified by the trial court.
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| Southtown Props. v. City of Fort Wayne, No. 02A05-0410-CV-551,
COURT OF APPEALS OF INDIANA, FIFTH DISTRICT, January 13, 2006, Decided
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Overview: Trial court erred in ordering prior owners of property to pay property taxes for 2004, because a city's title from condemnation related back, for purposes of Indiana's tax assessment statutes, to the date of the filing of the condemnation action, and thus the owners had no ownership interest in the property in 2004.
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