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| Cain v. State, No. 30A04-0509-CR-00538,
COURT OF APPEALS OF INDIANA, FOURTH DISTRICT, April 4, 2006, Decided , April 4, 2006, Filed
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Overview: Substantial evidence supported jury's finding that a return trip from a funeral, with an intoxicated man driving, was not an "extreme emergency" situation under Ind. Code § 9-30-10-18 that allowed defendant to drive while his license was suspended, as he had several other options besides driving.
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| Redding v. State, No. 48A05-0508-CR-495,
COURT OF APPEALS OF INDIANA, FIFTH DISTRICT, April 4, 2006, Decided , April 4, 2006, Filed
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Overview: Defendant's Sixth Amendment right to cross-examine witnesses was violated and, thus, his conviction for Child Molesting was reversed; how the victim suffered an injury to the genitals was before the jury, which meant defendant should have been allowed to question doctor and victim about whether conduct other than his caused that injury.
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| Johnson v. State, No. 44A05-0505-CR-285,
COURT OF APPEALS OF INDIANA, FIFTH DISTRICT, April 6, 2006, Decided , April 6, 2006, Filed
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Overview: While the trial court improperly relied on the victim's age as an aggravator, the error was harmless since the trial court properly relied on the nature of defendant's relationship with the victim and his extensive criminal history as an aggravator in sentencing him to 30 years pursuant to Ind. Code § 35-50-2-4 for child molestation.
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| Reffett v. State, No. 39A01-0506-CR-245,
COURT OF APPEALS OF INDIANA, FIRST DISTRICT, April 7, 2006, Decided , April 7, 2006, Filed
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Overview: Trial court erred in sentencing defendant as a habitual substance offender, as the trial court improperly imposed an additional sentence for a violation of the habitual substance offender statute, Ind. Code § 35-50-2-10, rather than enhancing defendant's substance offense conviction.
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| State v. Keller, No. 49A04-0505-CR-297,
COURT OF APPEALS OF INDIANA, FOURTH DISTRICT, April 10, 2006, Decided , April 10, 2006, Filed
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Overview: First statement by defendant was inadmissible as advisement provided to defendant was not sufficient to ensure knowledgeable and intelligent waiver of Fifth Amendment self-incrimination rights. Second statement was admissible as knowledgeable, intelligent, and voluntary waiver of constitutional rights was obtained just prior to second interview.
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| Wedel v. Am. Elec. Power Serv. Corp., No. 19A01-0410-CV-460,
COURT OF APPEALS OF INDIANA, FIRST DISTRICT, April 10, 2006, Decided , April 10, 2006, Filed
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Overview: Where designated evidence showed that the agreement at issue required a decedent to obtain and "assign" coal options to buyers in consideration for advance royalties, Ind. Code § 34-11-2-7, which involved the use, rents, or profits of real property, did not apply. Appellate court did not improper raise issues sua sponte in original opinion.
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