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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following Indiana Supreme Court opinion was posted after IL deadline on Monday:
State of Indiana by and through its Department of Natural Resources v. Kailee M. Leonard and Jeffrey S. McQuary
24S-MI-46
Miscellaneous. Affirms the Marion Superior Court’s order for the state to indemnify Department of Natural Resources Conservation Officer Scott Johnson and pay the federal judgment against him. Finds Kailee M. Leonard showed that Johnson’s conduct was noncriminal, and the state did not rebut that showing. Also finds that although the trial court’s falsehood finding is clearly erroneous, the evidence ultimately supports its judgment.
Court of Appeals of Indiana
Mandale Hamilton v. State of Indiana (mem. dec.)
23A-CR-818
Criminal. Affirms the denial of Mandale Hamilton’s motion to suppress. Finds the Hendricks Circuit Court did not err in finding that Officer David Shedrow had “legal authority” to pull over the driver of a Cadillac. Also finds the use of a K-9 for an open-air sniff cannot be said to have prolonged the traffic stop, so it did not implicate the Fourth Amendment or Article 1, Section 11 of the Indiana Constitution. Finally, finds that Officer Mark Christian’s removal of four screws to lower a panel on the dash to retrieve a gun that the officers knew was located in a “tight space” rendered the seizure of the gun unreasonable under Article 1, Section 11.
In re the Involuntary Termination of the Parent-Child Relationship of My.J. (Minor Child) and T.H. (Mother) and M.J. (Father) v. Indiana Department of Child Services, And Kids’ Voice of Indiana (mem. dec.)
23A-JT-1660
Juvenile termination of parental rights. Affirms the termination of mother T.J. and father M.J.’s parental rights to My.J. Finds the Marion Superior Court did not clearly err.
Scott Grundy v. Indiana Department of Insurance, et al. (mem. dec.)
23A-MI-1673
Miscellaneous. Affirms the denial of Scott Grundy’s petition for judicial review, which challenged the decision of Amy Beard, as commissioner of the Indiana Department of Insurance, to deny Grundy’s application for a resident producer license. Finds Grundy did not establish the invalidity of the agency action.
Marqisha Monee Thomas v. State of Indiana (mem. dec.)
23A-CR-1675
Criminal. Affirms Marqisha Thomas’ murder conviction. Finds the state presented sufficient evidence.
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