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Opinions March 26, 2013

March 26, 2013
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Indiana Supreme Court
Teresa Meredith, et al. v. Mike Pence, et al.
Civil plenary/school vouchers. Affirms constitutionality of Indiana’s Choice Scholarship program, affirming a trial court’s grant of summary judgment for state defendants in a suit in which plaintiffs claimed the voucher program violated state Constitution provisions on education and religious liberties. The court held that the voucher plan is within the Legislature’s power under Article 8, Section 1, and that the enacted program does not violate either Section 4 or Section 6 of Article 1 of the Indiana Constitution.

Indiana Court of Appeals
State of Indiana v. Gregory Lagrone

49A05-1203-CR-135
Criminal. Affirms trial court grant of a motion to suppress evidence obtained in a search of a home that led to Class D felony charges against Lagrone of dealing marijuana and possession of marijuana. The court held that warrantless use of a parcel wire device inserted by police into a package containing marijuana, signaling when the package is open inside a home and instigating a police search, is a violation of the Fourth Amendment and an unjustifiable intrusion into a home.  

Victor C. Regalado v. The Estate of Joseph James Regalado, and Paula Heffelfinger (NFP)

64A03-1207-ES-322
Estate. Affirms trial court grant of motion to correct error on the basis of newly discovered evidence regarding DNA of a purported heir, remanding the matter to the trial court for further proceedings with regard to Paula Heffelfinger’s heirship.

Michael Miller v. State of Indiana (NFP)
34A04-1208-PC-405
Post conviction. Affirms denial of post-conviction relief from an aggregate sentence of 120 years in prison for conviction of three counts of Class A child molesting.

Donnie Messer v. State of Indiana (NFP)

44A03-1206-CR-303
Criminal. Affirms revocation of probation and order to serve 10 years in the Department of Correction for a conviction of Class B felony manufacturing methamphetamine.










 
 

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