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| Jamerson v. State, No. 49A02-0608-CR-779,
COURT OF APPEALS OF INDIANA, July 31, 2007, Decided
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Overview: Officers did not have the necessary reasonable suspicion under the Fourth Amendment to detain defendant in an investigatory stop. Although a request from an unidentified officer that officers locate defendant in reference to a carjacking did make an assertion of illegality, the assertion was not supported by any specific and articulable facts.
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| Newman v. K.R. (In re M.S.), No. 29A02-0609-CV-753,
COURT OF APPEALS OF INDIANA, July 31, 2007, Decided
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Overview: A nonparty who was granted a protective order after a grandmother in a grandparent visitation case sought to compel the nonparty's deposition testimony was properly awarded attorney fees under Ind. R. Trial P. 37(A)(4). There was no evidence that a deposition by the nonparty would have provided admissible, material evidence in the visitation case.
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| Pearson v. State, No. 87A04-0702-CR-93,
COURT OF APPEALS OF INDIANA, July 31, 2007, Decided
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Overview: Because an officer's question went beyond what was allowed under Ind. Code § 9-19-10-3, the discovery of the marijuana was made through improper means and because such precipitated the subsequent search which revealed methamphetamine, the evidence of defendant's possession of the two drugs was inadmissible.
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| Swain v. State, No. 48A02-0612-CR-1107,
COURT OF APPEALS OF INDIANA, July 31, 2007, Decided
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Overview: Because defendant was in possession of 74.74 grams of cocaine when he was arrested, he was facing a minimum of 20 years if he did not plead guilty, and his criminal history involved offenses against persons and property, his sentence of 15 years was not inappropriate for his convictions under Ind. Code §§ 35-48-4-1(a)(1) and 35-48-4-7(a).
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| Williams v. Maschmeyer, No. 49A05-0702-CV-82,
COURT OF APPEALS OF INDIANA, July 31, 2007, Decided
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Overview: Grant of summary judgment to the attorneys in a client's legal malpractice action for ineffective assistance of counsel in a criminal proceeding was affirmed because the court was not required to hold the attorneys' motion in abeyance once his postconviction petition for ineffective assistance of counsel was denied.
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| In re Raquet, Supreme Court Cause No. 34S00-0603-DI-99,
SUPREME COURT OF INDIANA, August 1, 2007, Decided, August 1, 2007, Filed
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Overview: Lawyer was suspended for 30 days pursuant to Ind. R. Prof. Conduct 8.4(b) for misconduct in which he possessed child pornography, leading to criminal charges against him. In mitigation, lawyer's encounter with the pornography was brief and it occurred six years prior. The lawyer sought professional help and cooperated with all investigations.
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| Bennett v. State, No. 49A02-0609-CR-739,
COURT OF APPEALS OF INDIANA, August 2, 2007, Decided
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Overview: Evidence that defendant appeared to be living in the vehicle three days after it was reported stolen, as supported by the fact that there were clothes, socks, underwear, deodorant, and food bags in car, and owner's testimony he told defendant he could not borrow car sufficiently supported auto theft conviction under Ind. Code § 35-43-4-2.5.
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| Farm Bureau Gen. Ins. Co. v. Sloman, No. 20A03-0609-CV-432,
COURT OF APPEALS OF INDIANA, August 2, 2007, Decided
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Overview: Because any lawsuit involving an insurance policy that contained both a forum selection clause restricting suit to a particular venue and uninsured motorist coverage would likely lead to multiple lawsuits involving the same parties and the same issues of liability, and implementation of the clause was unreasonable, the clause was invalid.
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| State v. Hammans, No. 55A04-0606-CV-294,
COURT OF APPEALS OF INDIANA, August 2, 2007, Decided
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Overview: Granting of co-trustees' petition for co-trustee fees and personal services rendered to injured son who later died was not clearly erroneous; care-giving services they provided was authorized by trust and upon his death, they had to settle claims such as their own before remaining amount was given to State pursuant to 42 U.S.C.S. § 1396p(d)(4)(A).
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