Taylor v. State, No. 71A04-1001-PC-6, __ N.E.2d __ (Ind. Ct. App., July 9, 2010)

Officers’ warrantless search of home to determine whether there was an additional occupant who could have fired a weapon was a valid protective sweep.

Read Case Clip or Read Full Opinion

Fowler v. State, No. 49A02-0910-CR-1037, __ N.E.2d __ (Ind. Ct. App., June 30, 2010)

A police booking printout was “administrative,” not investigative, and hence was admissible under the public record hearsay exception; the booking printout also was not “testimonial” under the Crawford confrontation rule.

Read Case Clip or Read Full Opinion

Alves v. Old National Bank, No. 71A03-0909-CV-416, ___ N.E.2d ___ (Ind. Ct. App., July 1, 2010)

Petitioner’s Trial Rule 60(B) motion for relief from judgment was untimely because: (1) he filed it more than one year after the trial court granted summary judgment against him, and (2) his earlier appeal of that judgment did not toll the one-year limit applicable to motions brought under Rule 60(B)(1)-(4).

Read Case Clip or Read Full Opinion

Ramirez v. State, No. 65A01-0911-CR-543, __ N.E.2d__ (Ind. Ct. App., May 28, 2010)

U.S. Supreme Court’s Melendez-Diaz holding does not require a change from prior Court of Appeals opinions that Dept. of Toxicology breathalyzer test certificate is not “testimonial” and hence is admissible without testimony from the tester.

Read Case Clip or Read Full Opinion

Buchanan v. Vowell, No. 49A02-0909-CV-873, ___ N.E.2d ___ (Ind. Ct. App., May 12, 2010)

Where drunk driver injured plaintiff-pedestrian while driver was speaking on her cell phone with defendant (who was following driver in another car), trial court erred in dismissing plaintiff’s complaint alleging that defendant gratuitously undertook a duty to protect plaintiff from the driver and that defendant was acting in concert with the driver.

Read Case Clip or Read Full Opinion