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Demontre Lamont Boyd v. State of Indiana
No. 25A-CR-2071
Interlocutory appeal from the Clark Circuit Court, Judge Bradley B. Jacobs. In this interlocutory appeal, the court addressed whether the warrantless search of Boyd’s vehicle during a traffic stop violated his Fourth Amendment rights and Article 1, Section 11 of the Indiana Constitution. The trial court had previously denied Boyd’s motion to suppress evidence found in his vehicle following a canine search. The court concluded that the canine search was unconstitutional, as the officers lacked probable cause prior to Officer Blitz entering the vehicle and that there was manipulation of circumstances by law enforcement to allow this entry, which constituted an unreasonable search. Consequently, the court reversed the trial court’s decision and remanded for proceedings consistent with its opinion. Judge Mathias authored the opinion, with Judges May and Felix concurring. Appellant’s attorney: Matthew J. McGovern, Fishers. Appellee’s attorney: Office of the Indiana Attorney General.
Indiana Court of Appeals
In the Matter of W.H., K.S., and R.R., Minor Children Alleged to be Children in Need of Services; S.H. (Mother) and C.R. (Father)
No. 26A-JC-109
Appeal from the Marion Superior Court, Judge Geoffrey A. Gaither. Parents appeal the trial court’s dispositional order regarding their three children, adjudicated as CHINS. The court found that the dispositional hearing was not completed within the mandatory 30-day timeframe, requiring dismissal of the CHINS proceedings without prejudice. Thus, the court reverses the decision and remands the case. Chief Judge Tavitas authored the opinion, with Judges Bradford and Felix concurring. Attorneys for appellant (mother): Danielle L. Gregory, Indianapolis. Attorneys for appellant (father): Talisha R. Griffin and Ellen M. O’Connor, Marion County Public Defender Agency, Indianapolis. Attorneys for appellee: Office of the Indiana Attorney General. Attorney for Guardian Ad-Litem: Katherine Meger Kelsey, Kids’ Voice of Indiana, Indianapolis.
The following opinion was issued on Aug. 4 after The Indiana Lawyer’s deadline.
7th Circuit Court of Appeals
Insurance Company of the West v. High Performance Alloys Inc.
No. 25-1327
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker. Before Circuit Judges Kirsch, Jackson-Akiwumi and Pryor. Insurance Company of the West sought a declaratory judgment that it had no duty to defend High Performance Alloys Inc. in a wrongful death suit related to the death of an employee, Elliott Sullivan. The district court agreed, finding the allegations in the Sullivan complaint fell under Indiana’s worker’s compensation law, which bars other remedies for workplace injuries, and because the claims involved intentional acts excluded under the insurance policy. The appellate court affirmed the lower court’s ruling, stating that the allegations did not demonstrate intentionality sufficient to fall outside the act’s exclusivity, nor did they claim actual knowledge of an inevitable injury. Circuit Judge Jackson-Akiwumi authored the opinion.
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