High court takes 3 cases

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The Indiana Supreme Court will hear a case in which a dissenting Court of Appeals judge worried that the majority’s finding would head toward a bright-line rule regarding the officer safety exception to the warrant requirement in the context of a car on the side of the road.

In Cedric D. Lewis v. State of Indiana,  No. 49S1010-CR-619, the three judges on the appellate panel each wrote an opinion, with Judges Patricia Riley and James Kirsch concluding that the search of Cedric Lewis’ car violated the state and federal constitutions. Lewis was pulled over, immediately stuck his hands out the window and seemed nervous. He said he had no drugs in the car. As the arresting officer opened the driver’s side door to ask the passenger to get out of the car because it would be towed, the officer saw a gun. Lewis’ attempts to suppress the handgun evidence were denied.

Judge Riley focused her opinion on the officer safety exception for searching a car without a warrant and found the officer’s safety to not be an issue. Judge Kirsch concurred in result with Judge Riley because he felt the record failed to answer important questions regarding officer safety concerns and that the state didn’t satisfy its burden to prove that the search was justified.

Judge Paul Mathias dissented because he thought Judge Riley’s ruling went in the direction of creating a bright-line rule regarding where officers may lawfully position themselves outside of a vehicle without a warrant.

The justices also accepted Alva Curtis v. State of Indiana,  No. 49S02-1010-CR-620, in which the Court of Appeals reversed the denial of Alva Curtis’ motion to dismiss charges against him, because not dismissing the charges was a violation of his due process rights. Curtis has physical and mental limitations and is uneducated. When living with a friend, he attacked a neighbor. He was released from jail nearly a month after the incident and ended up in a long-term, locked facility before being moved to a rehabilitation and nursing facility.

Psychiatric examinations determined Curtis couldn’t understand the proceedings, help his attorney, and would likely not be restored to competency. The trial court denied his motion to dismiss and refused to commit him to the Department of Mental Health and Addictions based on the cost to the state.

The appellate court didn’t fault the trial court for not committing Curtis in order to save money, but that rationale doesn’t support the decision to deny dismissing the charging information. The judges cited State v. Davis, 898 N.E.2d 281, 285 (Ind. 2008) to find Curtis’ due process rights had been violated. The Davis court explained the mere act of holding criminal charges indefinitely over the head of someone who won’t ever be able to prove his innocence is a violation of due process rights, wrote Chief Judge John Baker.

In Gibraltar Financial Corp. v. Prestige Equipment Corp., et al., No. 20S03-1010-CV-618, the Court of Appeals affirmed summary judgment for Prestige Equipment Corp. and other defendants on Gibraltar’s complaint of conversion, replevin, and a money judgment.

Gibraltar argued that a lease entered into between Key Corporate Capital Inc. and Vitco Industries Inc., to which Gibraltar is a secured creditor, was actually a disguised sale subject to an unofficial security interest. The judges found after applying the relevant Colorado statute and examining the underlying circumstances of the transaction that the lease was just a lease.


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  1. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  2. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  3. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  4. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...

  5. Its a valid lawsuit. Since the civil war, States have no rights anyways. Get over it, people! You are all subjects now and merely "citizens of the world" anyways, with human rights and all that. Gov'nor knows that. This is just grandstanding to try and appease the red state troops still smarting over the "Gay rights" shoved down their unwilling throats. Gotta keep them "voting" in the kayfabe elections! After all, since nobody cares about the tens of millions of Mexicans here, what's a few Syrians going to do, anyways? Guess we'll find out! LOL