Judge Patricia A. Riley



COA upholds seizure of pot dealer’s cash, but not truck

The Rush County prosecutor will be allowed to keep $22,907 in cash seized from a local marijuana dealer’s home safe that also contained his weed stash, the Indiana Court of Appeals ruled Thursday, but the state will have to return some seized property and also may have to return the man’s truck.
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Burglary conviction stands against cross-examination appeal

The burglary conviction of a South Bend man who broke into his brother-in-law’s bar where he once had worked and wrote out a check to a third party was affirmed Wednesday. The burglar argued on appeal that he had wrongly been denied an opportunity to cross-examine the third party about his criminal past.
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Res judicata leads to remand of CHINS determination

Saying it was “troubled” by how the Department of Child Services chose to litigate two nearly back-to-back child welfare cases, the Indiana Court of Appeals has ordered a trial court to re-evaluate a 2018 CHINS petition without relying on facts that were available for litigation during a 2017 CHINS proceeding.
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