Courts

The Marion County Prosecutor’s Office was allowed to vacate property it leased after repeated water leaks because the landlords constructively and actually evicted the office from the property, the Indiana Court of Appeals affirmed March 4. At issue in Village Commons, LLC and Rynalco, Inc. v. The Marion County Prosecutor’s Office and Carl Brizzi, No. 49A05-0704-CV-195, is whether the exclusive-remedy provision in the lease between Village Commons and Rynalco (landlords), and the prosecutor’s office barred the office from asserting it was evicted…

The Indiana Court of Appeals reversed a trial court order terminating the parental rights of a father, finding the trial court erred when it relied on an independent investigation to end his rights without giving the father a chance to view or respond to the investigation. In In Re: The Matter of the Termination of the Parent-Child Relationship of S.F. and J.F., Michael Farley v. Allen County Child Services, No. 02A03-0707-JV-306, the appellate court was asked to decide whether Farley was denied…

The Indiana Court of Appeals reversed a defendant’s drug conviction, finding his Sixth Amendment right to confrontation was denied when he was unable to depose or cross-examine the lab technician who prepared a report stating cocaine was found in his car.In Ricky L. Jackson v. State of Indiana, No. 27A02-0710-CR-902, Ricky Jackson appealed his conviction of dealing in cocaine, invoking the U.S. Supreme Court’s ruling in Crawford v. Washington, 541 U.S. 36 (2004), which ruled that when testimonial statements are at issue,…

Tackling an issue of first impression, the Indiana Court of Appeals determined the “Equal Access Law” in Indiana Code creates a private cause of action for bail agents. In Dave Galloway in his capacity as Hendricks County Sheriff v. David Hadley, d/b/a D & D Bonding, No. 32A-04-0707-CV-400, Galloway appealed the trial court order granting Hadley a preliminary injunction against the use of a “preferred agent list” by the Hendricks County Sheriff’s Department. The list contains the names of preferred bail agents,…

The Indiana Court of Appeals vacated a defendant’s conviction of conspiracy to deal methamphetamine because it violated Indiana’s double jeopardy law, but the court affirmed his conviction and sentence for dealing methamphetamine. In today’s ruling in Robert R. Gregory Jr. v. State of Indiana, No. 15A01-0708-CR-348, Gregory raised several issues on appeal, arguing evidence supporting his convictions was obtained before police had a valid search warrant, a witness’s testimony shouldn’t have been allowed at trial, there was prosecutorial misconduct, and his…

The Indiana Court of Appeals reversed a trial court order setting the date in which an incarcerated man can receive an abatement in his child support, finding the date the man filed his order was when it could be first applied. The ruling could open the door for the Indiana Supreme Court to decide when an abatement can take effect.In In re the marriage of: Gary Becker v. Heather Becker, No. 49A04-0804-CV-205, Gary Becker appealed the trial court order modifying his…