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| Grier v. State, No. 49S05-0702-CR-68,
SUPREME COURT OF INDIANA, June 21, 2007, Decided, June 21, 2007, Filed
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Overview: Police officer violated Ind. Const. art. 1, § 11, by grabbing defendant's throat to prevent him from swallowing a plastic bag suspected of containing cocaine because the application of force to defendant's throat to prevent the swallowing of the suspected contraband violated the constitutional prohibitions against unreasonable search and seizure.
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| Harlow v. Parkevich, No. 29A02-0607-CV-569,
COURT OF APPEALS OF INDIANA, June 21, 2007, Decided, June 21, 2007, Filed
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Overview: An accounting firm's motion to stay two claims brought by a trust beneficiary was properly denied as they arose before an engagement letter between the trustee and firm and nothing in the letter indicated that it applied retroactively. However, the arbitrability of a claim arising after the letter was signed had to be submitted to an arbitrator.
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| James v. State, No. 03A01-0607-CR-276,
COURT OF APPEALS OF INDIANA, June 21, 2007, Decided, June 21, 2007, Filed
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Overview: A trial court erred in sentencing defendant to maximum-consecutive sentences totaling 28 years where he was 16 years old when he committed the burglary and other offenses and the offenses were nonviolent. A restitution order was remanded as damages incurred in a second burglary for which defendant was not accused had been erroneously included.
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| Mills v. State, No. 49S04-0706-PC-246,
SUPREME COURT OF INDIANA, June 21, 2007, Decided
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Overview: No error occurred in denying defendant's motion for post-conviction relief filed pursuant to Ind. R.P. Post-Conviction Remedies 1; defendant's challenge asserting prior voluntary manslaughter conviction was improperly used to show both that he was a habitual offender and to prove serious violent felon charge was waived since he had pled guilty.
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| Reyes v. State, No. 01S02-0612-CR-495,
SUPREME COURT OF INDIANA, June 21, 2007, Decided
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Overview: A lower court properly held that the affidavits of a laboratory's scientific director were properly admitted in appellant's probation revocation hearing, but the trial court should have applied a test of substantial trustworthiness in determining whether the affidavits violated appellant's due process rights.
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| Rodriguez v. State, No. 34A02-0604-CR-329,
COURT OF APPEALS OF INDIANA, June 21, 2007, Decided, June 21, 2007, Filed
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Overview: Evidence defendant touched victim's privates while victim was visiting mother, who resided with defendant, with intent to arouse or satisfy sexual desires was sufficient to support conviction for child molestation. Trial court did not abuse discretion in considering position of trust aggravator as child was in defendant's care when visiting mother.
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| Swenson v. State, No. 10A01-0609-CR-408,
COURT OF APPEALS OF INDIANA, June 21, 2007, Decided, June 21, 2007, Filed
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Overview: Defendant was entitled to dismissal of a theft charge under Ind. Code § 35-41-4-5 (2004) where the State, in arguing that it was a separate sovereign entitled to prosecute him, acknowledged that the overt act at issue in both prosecutions, i.e., stealing prescription form pads in Indiana and taking them to Kentucky, was identical.
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