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| Dixson v. State, No. 49A02-0604-CR-295,
COURT OF APPEALS OF INDIANA, May 4, 2007, Decided , May 4, 2007, Filed
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Overview: Trial court did not err in admitting into evidence both defendant's statement to police to extent he had indicated in it that he had engaged in extra-marital affairs and recorded telephone conversation he had from jail with his wife; statement was relevant to crimes charged and marital communications privilege did not cover recorded conversation.
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| Marion County Div. of Children's Servs. v. Melinger (In re H.), CAUSE NO. 29A02-0611-CV-1018,
COURT OF APPEALS OF INDIANA, May 4, 2007, Decided , May 4, 2007, Filed
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Overview: Newspaper failed to present a prima facie case as to two of the four requirements of Ind. Admin. R. 9(I)(i) that were necessary to demonstrate why the case file regarding the surrogate father's adoption of infants should be opened to the newspaper, and, thus, the appellate court denied its request for an evidentiary hearing on the matter.
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| Long v. State, No. 67A01-0607-CR-273,
COURT OF APPEALS OF INDIANA, May 7, 2007, Decided , May 7, 2007, Filed
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Overview: Sentence of 20 years for voluntary manslaughter was revised after appellate court found defendant had no long history of violence and sentence imposed was inappropriate in light of, inter alia, 23 persons who wrote letters detailing defendant's character attributes, his lack of criminal history, and fact he accepted responsibility and pled guilty.
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| Arrotin Plastic Materials of Ind. v. Wilmington Paper Corp., No. 02A04-0609-CV-512,
COURT OF APPEALS OF INDIANA, May 9, 2007, Decided , May 9, 2007, Filed
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Overview: There was no output or exclusive dealing contract under Ind. Code § 26-1-2-306 when the buyer simply indicated that it was willing to purchase what the seller was willing to sell and the seller was not required to sell exclusively to the buyer. As the seller could sell as little or as much as it wanted to the buyer, the agreement was illusory.
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| Slater v. Marion County Dep't of Child Servs., No. 49A04-0610-JV-597,
COURT OF APPEALS OF INDIANA, May 9, 2007, Decided , May 9, 2007, Filed
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Overview: Marion County Department of Family and Children met requirement in Ind. Code § 31-34-1-3(b)(2), by showing sex offense resulted in adjudication that the son was a child in need of services (CHINS) after a factfinding hearing and thus, evidence was sufficient to support CHINS adjudication. Father received copy of dispositional order though counsel.
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| Dowell v. State, No. 32A01-0606-CR-263,
COURT OF APPEALS OF INDIANA, May 10, 2007, Decided
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Overview: The nurse's hearsay testimony of the victim identifying her estranged boyfriend as her attacker was not improper and was admissible under Ind. R. Evid. 803(4) since part of the nurse's duty was to inform the victim of available domestic dispute resources and the nurse had to know the nature of the assault and the relationship of the attacker.
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| Micronet, Inc. v. Ind. Util. Regulatory Comm'n, No. 93A02-0603-EX-237,
COURT OF APPEALS OF INDIANA, May 10, 2007, Decided , May 10, 2007, Filed
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Overview: Federal law did not preempt Ind. Code § 8-1-29-5, which prohibited charging a telephone customer for unauthorized services or "cramming." Moreover, even if federal law did preempt state regulation of "cramming" by information services, the directory service here was an adjunct to basic telephone service and thus was a telecommunications service.
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| Rawson v. State, No. 49A04-0608-CR-471,
COURT OF APPEALS OF INDIANA, May 10, 2007, Decided , May 10, 2007, Filed
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Overview: There was no double jeopardy under Ind. Const. art. I, § 14. An intimidation charge involved defendant brandishing a gun while threatening to kill his neighbor; an attempted aggravated battery charge involved firing at the neighbor; and a criminal recklessness charge was based on defendant's shooting in the direction of the neighbor's home.
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| State v. Azania, No. 02S03-0508-PD-364,
SUPREME COURT OF INDIANA, May 10, 2007, Decided , May 10, 2007, Filed
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Overview: When balanced against inmate's actions, State's failure to comply with discovery orders did not delay new penalty phase trial for purposes of speedy trial analysis; inmate's own requests to disqualify local judges and to conduct additional discovery delayed new penalty phase trial for even longer period of time independent of State's improprieties.
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