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| Bentley v. State, No. 49A02-0508-CR-694,
COURT OF APPEALS OF INDIANA, SECOND DISTRICT, April 27, 2006, Decided
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Overview: Trial court properly admitted evidence concerning drugs and paraphernalia discovered during a seizure of defendant, as the police had reasonable suspicion that a crime was being committed based on defendant's actions during consensual questioning, and thus the subsequent search of the vehicle did not violate the Fourth Amendment.
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| Collier v. State, No. 76A04-0503-CR-142,
COURT OF APPEALS OF INDIANA, FOURTH DISTRICT, April 27, 2006, Decided
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Overview: Conviction for attempted murder was reversed as defendant's conduct did not constitute substantial step toward commission of crime of murder; while defendant possessed weapons he planned to use, box cutter and ice pick, defendant never moved close enough to victim to make weapons dangerous, that is, to demonstrate a present intent to use weapons.
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| HK New Plan Marwood Sunshine Cheyenne, LLC v. Onofrey Food Servs., No. 49A04-0508-CV-437,
COURT OF APPEALS OF INDIANA, FOURTH DISTRICT, April 27, 2006, Decided
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Overview: Trial court erred in granting Ind. R. Trial P. 56 summary judgment to the guarantor and denying the subsequent lessor's summary judgment; interpretation of the guaranty, lease, and assignment of lease showed that the lessee was in default and the subsequent lessor did not waive its rights under the guaranty by accepting late payments.
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| Hamilton v. Ashton, No. 43A03-0506-CV-300,
COURT OF APPEALS OF INDIANA, THIRD DISTRICT, April 27, 2006, Decided
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Overview: Trial court erred in granting summary judgment to a hospital as to a patient's medical malpractice action, as there was a triable issue of fact as to whether the hospital's failure to promptly inform a doctor of complications following the patient's surgery proximately caused the patient's claimed injuries.
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| Nieto v. Kezy, No. 45A03-0507-CV-330,
COURT OF APPEALS OF INDIANA, THIRD DISTRICT, April 27, 2006, Decided
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Overview: Issuance of a tax deed was improper. The descriptions in the redemption notice and the certificate of sale did not match, as required by Ind. Code § 6-1.1-25-4.5(c)(3); the description failed to comply with Ind. Code § 6-1.1-22-2(b)(1) or (2); and it failed to describe the property with reasonable certainty under Ind. Code § 6-1.1-25-16.
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| Starks v. State, No. 49A02-0502-CR-163,
COURT OF APPEALS OF INDIANA, SECOND DISTRICT, April 27, 2006, Decided
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Overview: Trial court properly denied defendant's motion to suppress evidence, as the warrantless search of the residence where he was located, seizure of cocaine and handgun, and seizure of money from his person did not violate Fourth Amendment and Ind. Const. art. I, § 11; police entry into house was lawful, as was seizure of cocaine, handgun, and money.
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