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State Courts -
Indiana - May 4 - May 9, 2006
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Bankhead v. Walker, No. 45A03-0506-CV-248,
COURT OF APPEALS OF INDIANA, THIRD DISTRICT, May 9, 2006, Decided , May 9, 2006, Filed
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Overview: After an employee tested positive for marijuana, a civil service commission did not err in admitting into evidence drug test results that were not certified under Ind. Code § 34-43-1-7. Due process required that the employee have notice and an opportunity to respond; it did not require more formality in employment proceedings.
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State v. Harmon, No. 09A02-0508-CR-789,
COURT OF APPEALS OF INDIANA, SECOND DISTRICT, May 9, 2006, Decided , May 9, 2006, Filed
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Overview: When an officer searched defendant's trash in good faith reliance on current applicable case law, and, in searching defendant's home pursuant to a search warrant based on evidence seized in the trash search, the officer relied in good faith on a valid warrant, it was error, under Ind. Const. art. I, § 11, to suppress evidence seized from the home.
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Young v. State, No. 33A01-0508-CR-402,
COURT OF APPEALS OF INDIANA, FIRST DISTRICT, May 9, 2006, Decided , May 9, 2006, Filed
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Overview: Trial court erred in failing to instruct the jury on Class A misdemeanor criminal trespass as a lesser included offense of residential entry because a serious evidentiary dispute existed and thus, the trial court should have allowed defendant's jury request to include criminal trespass as a lesser included offense of residential entry.
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