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Wednesday, February 25, 2015

Ind. Decisions - Court of Appeals issues 4 opinion today (and 4 NFP memorandum decisions)

For publication opinions today (4):

In In the Matter of: E.W. (Minor Child), Child in Need of Services, J.W. (Mother) v. The Indiana Department of Child Services, a 9-page opinion, Judge Baker writes:

J.W. (Mother) appeals the juvenile court’s order terminating visits and phone contact with her child, E.W. (Child). Mother argues that there is insufficient evidence supporting the juvenile court’s order. Finding sufficient evidence, we affirm.
In Robert L. Holleman v. Ind. Dept. of Correction, Bruce Lemmon, as Commissioner of the Ind. Dept. of Correction, and Bob Bugher, as Chief Counsel for the Ind. Dept. of Correction, a 7-page opinion, Sr. Judge Darden writes:
Robert Holleman sued the Indiana Department of Correction and its officials for failing to respond to his public records request. The Department subsequently produced documents in response to his request and moved to dismiss his complaint on grounds of mootness. The trial court dismissed the case and Holleman appeals. The Department concedes that remand is necessary for further proceedings. We affirm in part, reverse in part, and remand.
In David B. Cartwright v. State of Indiana, a 21-page, 2-1 opinion, Sr. Judge Darden writes:
Cartwright raises one issue, which we restate as whether the trial court abused its discretion in admitting evidence discovered as a result of the search warrant. Concluding that there was insufficient probable cause to issue a search warrant, and that the evidence was thus inadmissible, we reverse. * * *

Cartwright argues that the probable cause affidavit failed to establish the informant’s credibility. We agree. The affidavit does not indicate that the informant gave correct information in the past. At the time of the issuance of the search warrant, the affidavit states that the informant provided “drug information” to an Illinois police officer eight years prior to the interview, but there is no explanation of whether the information was correct, accurate, or had led to any arrests and convictions. * * *

In addition, the affidavit does not include independent police investigation that adequately corroborates the informant’s statements. * * *

Mathias, J., concurs.
Baker, J., dissents. [beginning at p. 17] I respectfully dissent. I agree with the majority’s conclusion that the probable cause affidavit failed to establish the CI’s credibility and, consequently, that there was a lack of probable cause. I part ways with the majority, however, in the application of the good faith exception.

In Gordon L. Peak, Jr. v. State of Indiana, an 11-page opinion, Sr. Judge Sharpnack writes:

Here, the officers stopped Peak because he failed to display his turn signal for the required distance before making a right turn. * * * There is no dispute that Peak failed to signal for the required 200 feet before turning right. Instead, Peak argues that the statute does not apply here because he did not intend to turn right until he came to a stop at a red light and made the decision. * * *

In this case, we have already determined that the officers’ seizure of Peak did not violate the Fourth Amendment. There was thus no error, let alone fundamental error, in the admission of the marijuana at trial.

NFP civil decisions today (2):

Rachel Staggs v. Corena Buxbaum (mem. dec.)

Michael C. Feldhake v. Meryle Feldhake (mem. dec.)

NFP criminal decisions today (2):

John Deckard v. State of Indiana (mem. dec.)

Clay Howard v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on February 25, 2015 11:23 AM
Posted to Ind. App.Ct. Decisions