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| Robles v. Robles, No. 48A02-0511-CV-1071,
COURT OF APPEALS OF INDIANA, November 1, 2006, Decided , November 1, 2006, Filed
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Overview: When the parties' 19-year-old daughter left her parents' control to live with her infant child's paternal grandparents, who supplied her with free room, board, and day care, the trial court properly found her to be emancipated for child support purposes under Ind. Code § 31-16-6-6(b)(3). She was supporting herself by living with the grandparents.
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| W.C.B. v. State, No. 49A02-0509-JV-871,
COURT OF APPEALS OF INDIANA, November 1, 2006, Decided , November 1, 2006, Filed
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Overview: Child molesting law, Ind. Code. § 35-42-4-3, was not inherently contradictory because mere fact that respondent fell within protected class of statute did not protect him from being charged when it was alleged that he had required intent; statute did not violate Ind. Const. art. I, § 23 in that it applied equally to all persons, regardless of age.
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| Fulkrod v. State, No. 48A04-0508-PC-482,
COURT OF APPEALS OF INDIANA, November 2, 2006, Decided , November 2, 2006, Filed
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Overview: Because a 40-year sentence was within the range for a Class A felony under Ind. Code § 35-50-2-4, and defendant was not entitled to relief as the judgment was final when Blakely was decided and Blakely did not apply retroactively to his case, the trial court did not err in denying his motion to correct an erroneous sentence.
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| Walker v. DaimlerChrysler Corp., No. 27A02-0507-CV-596,
COURT OF APPEALS OF INDIANA, November 2, 2006, Decided , November 2, 2006, Filed
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Overview: In a case of first impression in Indiana, binding arbitration agreements were held enforceable under the Magnuson-Moss Warranty Act (MMWA), 15 U.S.C.S. § 2301 et seq., therefore, a trial court properly dismissed a buyer breach of warranty claims brought pursuant to the MMWA and compelled arbitration of the case.
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| Larson v. Portage Twp. Sch. Corp., No. 64A03-0603-CV-98,
COURT OF APPEALS OF INDIANA, November 3, 2006, Decided , November 3, 2006, Filed
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Overview: A superintendent's presence at a principal's nonrenewal conference with a school board did not violate the principal's right to a private conference under Ind. Code § 20-6.1-4-17.3(b) (now Ind. Code § 20-28-8-4(b)). "Private conference" meant one that was not open to the public; such an interpretation was consistent with the Teacher Tenure Act.
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| Scott v. State, No. 82A01-0603-CR-105,
COURT OF APPEALS OF INDIANA, November 3, 2006, Decided , November 3, 2006, Filed
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Overview: Defendant's convictions were affirmed in part because the trial court did not abuse its discretion in admitting evidence from a stop and arrest of defendant as the Fourth Amendment was not implicated. However, one of two convictions for possession of cocaine was ordered to be vacated as a double jeopardy violation under Ind. Const. art. I, § 14.
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| Turner v. BSA, No. 09A02-0603-CV-174,
COURT OF APPEALS OF INDIANA, November 3, 2006, Decided , November 3, 2006, Filed
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Overview: In a defamation case against scouting defendants, it was error not to allow plaintiff to discover letters from nonmembers alleging that plaintiff possessed child pornography. The letters were relevant to the issue of whether a scouting executive had abused the qualified privilege of common interest in his communications with other executives.
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| Estate of Verdak v. Butler Univ., No. 49A04-0510-CV-615,
COURT OF APPEALS OF INDIANA, November 6, 2006, Decided , November 6, 2006, Filed
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Overview: Rulings in dispute over dance memorabilia ownership were proper; estate's replevin and conversion claims were barred by respective statutes of limitation, Ind. Code § 34-11-2-7 and Ind. Code § 34-11-2-4, university's replevin claim was timely, and university's conversion and statutory damage claims were, respectively, barred and improperly pled.
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| Truax v. State, No. 67A01-0505-CR-221,
COURT OF APPEALS OF INDIANA, November 6, 2006, Decided , November 6, 2006, Filed
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Overview: Trial court did not err in denying defendant's Ind. R. Crim. P. 4(B) motion for discharge, as his claim that his speedy trial rights under the Sixth Amendment and Ind. Const. art. I, § 12 were violated was not supported by evidence that the trial court's finding that court congestion delayed his trial was clearly erroneous.
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