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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. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  2. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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