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| Belvedere v. State, No. 48A05-0611-CR-669,
COURT OF APPEALS OF INDIANA, October 23, 2007, Decided, October 23, 2007, Filed
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Overview: Trial court erred in denying defendant's motion to suppress, as the police detective's search of defendant's trash for incriminating evidence violated Ind. Const. art. I, § 11 under Litchfield; detective did not have required "articulable individualized suspicion," as tip that search was based on was completely lacking in indicia of reliability.
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| Fuller v. State, No. 79A04-0703-CR-147,
COURT OF APPEALS OF INDIANA, October 23, 2007, Decided, October 23, 2007, Filed
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Overview: Stalking charges were dismissed as they were filed beyond omnibus date and validity of amendment of substance under former Ind. Code § 35-34-1-5 turned on timing of amendment, not prejudice to defendant. Evidence defendant broke glass in door to obtain entry to structure of another, despite having lived there before, supported burglary conviction.
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| Knisely v. Forte, No. 02A03-0610-CV-462,
COURT OF APPEALS OF INDIANA, October 23, 2007, Decided, October 23, 2007, Filed
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Overview: As there was no evidence as to whether a child could receive financial aid for college, no findings as to what percentage of the cost the child should pay, and no requirement in the court's order that she apply for financial aid, the court had to reconsider its order allocating college expenses between mother and father under Ind. Code § 31-16-6-2.
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| Konger v. Schillace, No. 02A03-0610-CV-500,
COURT OF APPEALS OF INDIANA, October 23, 2007, Decided, October 23, 2007, Filed
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Overview: Denial of widow's petition for estate to pay joint debt secured by lien on marital home was proper because, in order to have been entitled to contribution, widow must have first paid debt or more than her proportionate share of it, but, she did not. Widow's argument that time limits of Ind. Code § 29-1-14-1 (2004) were irrelevant was meritless.
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| Mead v. State, No. 03A01-0703-CR-108,
COURT OF APPEALS OF INDIANA, October 23, 2007, Decided, October 23, 2007, Filed
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Overview: The trial court properly granted defendant's petition to file a belated appeal under Ind. R.P. Post-Conviction Remedies 2, § 1. The trial court had not advised defendant, who pleaded guilty, of his right to directly appeal his sentence; furthermore, defendant had been diligent in pursuing an appeal, having frequently filed motions or petitions.
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| Mitchell v. Mitchell, No. 64A03-0703-CV-122,
COURT OF APPEALS OF INDIANA, October 23, 2007, Decided, October 23, 2007, Filed
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Overview: Because an incapacitated wife's receipt of Social Security disability and Medicare substantially increased her income, the trial court properly reduced the husband's maintenance obligation and eliminated his medical insurance payments under Ind. Code § 31-15-7-3. There was no requirement, however, that the husband's obligation be eliminated.
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| Padgett v. State, No. 29A02-0704-CR-305,
COURT OF APPEALS OF INDIANA, October 23, 2007, Decided, October 23, 2007, Filed
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Overview: Child molesting sentence was proper because trial court noted, inter alia, defendant's likelihood of re-offending, that defendant was in position of care, custody, and trust to the victim, and defendant's criminal history. Prior version of Ind. Code § 35-38-1-7.5 was ex post facto law, but defendant agreed to comply with successor statutes.
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| Runkel v. Miami County Dep't of Child Servs. (In re B.M.), No. 52A05-0703-JV-154,
COURT OF APPEALS OF INDIANA, October 23, 2007, Decided, October 23, 2007, Filed
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Overview: As mother admitted she did not agree to place child out of her home solely because she could not provide treatment, Ind. Code § 31-34-1-16, which the limited ability to terminate parental rights to child voluntarily placed out of the home for special treatment, did not apply, and termination of mother's parental rights was not clearly erroneous.
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| State v. Penwell, No. 29A02-0704-CR-328,
COURT OF APPEALS OF INDIANA, October 23, 2007, Decided, October 23, 2007, Filed
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Overview: Judgment was reversed as defendant sought and received indefinite delay in trial to allow her to file petition for certiorari, and it was incumbent upon her to take affirmative action to notify the trial court that she was dissatisfied with delay and desired to go to trial. Until she did so, time under Ind. R. Crim. P. 4(C) was attributable to her.
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