Wood v. State, No. 53A05-1208-CR-423 , __ N.E.2d __ (Ind. Ct. App., Dec. 31, 2013).

Criminal Rule 4(C)’s one year period did not include the time required for the Indiana Supreme Court to appoint a special judge following withdrawal of a case from the trial judge pursuant to Criminal Rule 15 and Trial Rule 53.1. Affirms conviction for violating IC 14-15-4-1 on duties of a boat operator after a collision, but observes the “problematic” statute “permits no consideration of what is reasonable in any given emergency situation; nor does it permit citizens to engage in any balancing of considerations that arise in typical emergencies and are likely required by other statutes.”

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Boyd v. WHTIV, Inc., No. 49A05-1303-PL-107, __ N.E.2d __ (Ind. Ct. App., Nov. 5, 2013).

The three-day extension of time provided by Trial Rule 6(E) applies to summary judgment proceedings.

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Sugg v. State, No. 31A05-1208-CR-397, __ N.E.2d __ (Ind. Ct. App., July 24, 2013).

Applies, as a matter of first impression in Indiana, U.S. Supreme Court’s McArthur decision that “a police officer’s refusal to allow a defendant to enter his or her residence without a police officer until a search warrant has been obtained is a reasonable seizure that does not violate the Fourth Amendment.”

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J.R. v. State, No. 49A05-1204-JV-175, __ N.E.2d __ (Ind. Ct. App., Jan. 15, 2013).

Theft and auto theft are distinct offenses defined in different statutes, so that the “single larceny” rule does not prohibit convictions for both when the defendant simultaneously takes an automobile and other items of property.

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Kirk v. State, No. 49A02-1110-CR-979, __ N.E.2d __ (Ind. Ct. App., Sept. 24, 2012).

Father did not have standing to object to admission of his stepson’s police statement on the basis that the officers had not followed the juvenile waiver of rights statute before questioning the stepson. Indiana Constitution’s Art. 1, § 11 search provision was violated when police officer read text messages on defendant’s cellphone at the time the officer seized the phone in a search incident to arrest.

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