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Thursday, July 29, 2010
Ind. Decisions - Court of Appeals issues 3 today (and 13 NFP)
For publication opinions today (3):
S.T. v. Community Hospital In-Patient Psyciatric Unit - "S.T. appeals her temporary involuntary commitment. Finding the evidence sufficient to support the trial court's finding that she was dangerous to herself, we affirm. * * *
"There was sufficient evidence to involuntarily commit S.T. for a period of no more than ninety days. Therefore, we affirm."
Eric C. Danner v. State of Indiana - "The record reflects that Corporal Culp was told by the Arby's employees that they first encountered Danner and the woman as the two sat in the car in the drive-through. The employees told the officer that Danner had parked the car in the parking lot, and the two came inside the restaurant with the child. Danner then disavowed ownership of the car, told another officer that they needed to call for a ride upon leaving the restaurant, and attempted to leave via an exit farthest from the car. Corporal Culp walked out to the parking lot and, while looking into the car, observed the bag containing a small amount of what appeared to be marijuana. We conclude that under the totality of the circumstances the police conduct in the search of Danner's car was reasonable and does not run afoul of Article 1, Section 11.
"The trial court did not err by admitting the evidence seized during the search of Danner's car. The police officers followed written departmental policy and did not violate the protections afforded to Danner under the Fourth Amendment or Article 1, Section 11 of the Indiana Constitution. Affirmed."
In Elizabeth Bernel v. Jeffrey A. Bernel, a 17-page opinion, Judge Najam writes:
Elizabeth Bernel (“Wife”) appeals the dissolution court’s denial of her motion to enforce settlement agreement and request for injunctive relief in this post-dissolution action against her former husband, Jeffrey Bernel (“Husband”). Wife presents a single dispositive issue for our review, which we restate as whether the dissolution court erred when it denied her motion to enforce the parties’ settlement agreement. We hold that Husband breached the settlement agreement and that, while the dissolution court did not abuse its discretion when it denied Wife injunctive relief, Wife is entitled to a money judgment, including pre-judgment interest, for her damages. We affirm in part, reverse in part, and remand with instructions.NFP civil opinions today (3):
Eastern Livestock, Inc. and Thomas P. Gibson v. Bill Day (NFP)
Donna Demko v. Jeffrey P. Demko (NFP)
Scott S. Nowatzke v. Lorine L. Nowatzke (NFP)
NFP criminal opinions today (10):
State of Indiana v. Carla F. Wells (NFP) - "[W]e conclude that the trial court properly granted the motion to suppress. The warrantless entry of the police into Wells’ home violated the Fourth Amendment of the United States Constitution and Article 1, Section 11 of the Indiana Constitution. Affirmed".
Jeffrey B. Flora v. State of Indiana (NFP)
Debra L. Collins v. State of Indiana (NFP)
Harvey L. Lancaster v. State of Indiana (NFP)
Mickel J. Mills v. State of Indiana (NFP)
Robert F. Dougan v. State of Indiana (NFP)
Ryan E. Whitley v. State of Indiana (NFP)
Raymond Johnson v. State of Indiana (NFP)
Joe L. Knuckles v. State of Indiana (NFP)
Adam N. Bock v. State of Indiana (NFP)
Posted by Marcia Oddi on July 29, 2010 02:13 PM
Posted to Ind. App.Ct. Decisions