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| Fentress v. State, No. 84A01-0608-CR-330,
COURT OF APPEALS OF INDIANA, March 30, 2007, Decided , March 30, 2007, Filed
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Overview: Admission of cocaine in a foil ball found on defendant was proper because items used to manufacture drugs found in vehicle in which defendant was passenger, together with items found on defendant while he was detained, gave probable cause to arrest defendant. Opening of ball was part of valid search incident to arrest under Fourth Amendment.
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| McVey v. State, No. 73A04-0610-CR-561,
COURT OF APPEALS OF INDIANA, March 30, 2007, Decided , March 30, 2007, Filed
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Overview: Statements made during polygraph examination were admissible because they were voluntarily made. Special probation conditions prohibiting defendant from possessing or viewing sexually explicit material, and requiring defendant to report dating activity and incidental contacts with persons under 18 were not stated with sufficient specificity.
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| Montgomery v. Marion County Office of Family & Children (In re C.S.), No. 49A04-0608-JV-435,
COURT OF APPEALS OF INDIANA, March 30, 2007, Decided , March 30, 2007, Filed
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Overview: Finding of child's dependency as to father under Ind. Code § 31-34-1-1 was error because father was not responsible for presence of drugs in child's system when she was born, and father's "failure" to establish paternity before the fact-finding hearing was not evidence of neglect on his part that would have impaired or endangered the child.
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| Shaw v. LDC Enters., No. 23A05-0603-CV-154,
COURT OF APPEALS OF INDIANA, March 30, 2007, Decided , March 30, 2007, Filed
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Overview: Dismissal of nuisance claims under Ind. Code § 32-30-6-8 and Indiana common law arising from fatal accident in Indiana after Illinois restaurant served alcohol to decedent was error because "essence" of nuisance claim was foreseeable harm created by the conduct, which did not manifest itself until decedent left Illinois and entered Indiana.
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| Wages v. State, No. 22A04-0606-CR-316,
COURT OF APPEALS OF INDIANA, March 30, 2007, Decided , March 30, 2007, Filed
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Overview: Denial of motion to exclude evidence of defendant's erratic driving prior to accident was proper under Ind. R. Evid. 404(b) in reckless homicide case because testimony showed that final driving maneuver was culmination of series of acts closely related in time and circumstances, and which evinced conscious disregard of unjustifiable risk.
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| Hill v. Hill, No. 65A01-0602-CV-76,
COURT OF APPEALS OF INDIANA, April 2, 2007, Decided , April 2, 2007, Filed
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Overview: Trial court did not err in including husband's pension in marital pot because, as husband was receiving payments from his pension, he had present right to withdraw pension or retirement benefits under Ind. Code § 31-9-2-98(b)(1), and, thus, the pension was "property." Inclusion of certain Florida real estate in marital pot was also proper.
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| Schoop's Rest., Fairris-Markovich, LLC v. Hardy, No. 45A03-0607-CV-296,
COURT OF APPEALS OF INDIANA, April 2, 2007, Decided , April 2, 2007, Filed
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Overview: Denial of restaurant's summary judgment motion in claim by diners seeking damages arising from incident in which truck crashed into restaurant was improper because restaurant could not have foreseen the incident, and thus did not breach its duty to exercise reasonable care to prevent harm caused by third parties by failing to erect a barricade.
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| Hodges v. Swafford, No. 55A01-0604-CV-166,
COURT OF APPEALS OF INDIANA, April 3, 2007, Decided , April 3, 2007, Filed
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Overview: Lenders who contracted to sell a borrower's house back to him upon buying it from him had to make TILA disclosures, and the transaction was subject to the Home Owners Equity Protection Act, 15 U.S.C.S. § 1602(aa), so TILA penalties were assessed and the borrower could rescind the transaction and buy the lenders' equity after deducting his payments.
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| Smith v. Lake County, No. 45A03-0609-CV-430,
COURT OF APPEALS OF INDIANA, April 3, 2007, Decided , April 3, 2007, Filed
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Overview: When a bail bondsman's suit challenging the constitutionality of Indiana's bail scheme was properly found to be barred by res judicata and the bondsman had a history of making piecemeal attacks on Indiana's bail scheme, his appeal from the finding of res judicata could be characterized as harassing and vexatious under Ind. R. App. P. 66(E).
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