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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. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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