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| Taylor v. State, No. 49A05-0503-CR-142,
COURT OF APPEALS OF INDIANA, FIFTH DISTRICT, February 3, 2006, Decided
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Overview: Because the testimony of a child, who was deemed competent by the trial court, and a videotape, which was cumulative of other evidence, were admissible under Ind. § 35-37-4-6, the Confrontation Clause was not violated; sufficient evidence supported defendant's conviction of felony child molesting under Ind. Code § 35-42-4-3(a)(b).
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| Banks v. State, No. 79A05-0506-CR-336,
COURT OF APPEALS OF INDIANA, FIFTH DISTRICT, February 6, 2006, Decided , February 6, 2006, Filed
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Overview: Defendant's six year prison sentence for driving while his driving privileges were forfeited for life was proper, under Ind. R. App. P. 7(B), as the trial court's failure to consider defendant's guilty plea as a mitigating factor was harmless, due to other benefits he received, and other alleged mitigators were properly given little or no weight.
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| Calvary Temple Church, Inc. v. Paino, Supreme Court Cause No. 02S03-0602-CV-39,
SUPREME COURT OF INDIANA, February 6, 2006, Decided , February 6, 2006, Filed
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| Cash in a Flash, Inc. v. Hoffman, No. 45A03-0507-CV-329,
COURT OF APPEALS OF INDIANA, THIRD DISTRICT, February 6, 2006, Decided , February 6, 2006, Filed
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Overview: When a lender sued a debtor when the debtor's check securing a short-term loan bounced, the lender had to prove common law fraud to recover treble damages and attorney's fees for its claims under Ind. Code §§ 26-2-7-1 et seq. and 34-23-3-1 et seq. because Ind. Code § 24-4.5-7-409(2) said these statutes only allowed such relief in cases of fraud.
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| Neidow v. Cash in a Flash, Inc., No. 45A03-0505-CV-208,
COURT OF APPEALS OF INDIANA, THIRD DISTRICT, February 6, 2006, Decided , February 6, 2006, Filed
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Overview: It was clearly erroneous to award treble damages and attorney's fees for a bad check under Ind. Code § 26-2-7-1 et seq. to a small loan lender without proof of fraud, under Ind. Code § 24-4.5-7-409(2) because § 24-4.5-7-409 did not say that its remedies were non-exclusive to a lender and holding otherwise would render § 24-4.5-7-409(2) irrelevant.
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| Payday Today, Inc. v. McCullough, No. 71A03-0507-CV-310,
COURT OF APPEALS OF INDIANA, THIRD DISTRICT, February 6, 2006, Decided , February 6, 2006, Filed
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Overview: It was no error to deny a lender treble damages against debtors as it was not shown, under Ind. Code § 35-43-5-8, that the debtors knowingly defrauded the lender, and awarding the lender attorney's fees and interest, under Ind. Code § 26-2-7-1 et seq., was error as it was not shown the debtors defrauded the lender under Ind. Code § 24-4.5-7-409(2).
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| Powell v. State, No. 55A01-0502-CR-55,
COURT OF APPEALS OF INDIANA, FIRST DISTRICT, February 6, 2006, Decided , February 6, 2006, Filed
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Overview: An anonymous tip gave no reasonable suspicion for an investigatory stop of defendant's car under the Fourth Amendment, as the caller stated no basis for knowing defendant staggered, and an officer confirmed only a car description, which did not predict future behavior or show criminal activity, so no articulable suspicion of criminality was shown.
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| Vaughn v. Daniels Co., No. 14S01-0602-CV-37,
SUPREME COURT OF INDIANA, February 7, 2006, Decided , February 7, 2006, Filed
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Overview: Because a coal sump was not in the final state called for by the contract between its designer and coal mine owner, a worker injured while assembling it was not a "consumer" or "user" of the sump. Therefore, worker's claim against designer under the Indiana Products Liability Act, Ind. Code §§ 34-20-1-1 through 34-20-9-1, was properly dismissed.
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| Whaley v. State, No. 49A04-0502-CR-99,
COURT OF APPEALS OF INDIANA, FOURTH DISTRICT, February 7, 2006, Decided , February 7, 2006, Filed
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Overview: Deputy searched informant before controlled drug buy, he entered back seat of defendant's car, and, when he returned to deputy, he had a baggie of drugs. Baggie was later weighed and found to contain 5.0760 grams of cocaine. Thus, evidence was sufficient to convict defendant of dealing in cocaine as a class A felony under Ind. Code § 35-48-4-1(b).
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