Indiana Court of Appeals: Observations of Animal Cruelty Give Rise to Exigent Circumstances

Addressing an issue of first impression in Indiana law, the Indiana Court of Appeals held Thursday that “circumstances of animal cruelty may create exigent circumstances to permit a warrantless search of the curtilage,” and that the results of the curtilage search may provide probable cause for a further search of the property. In Davis v. State, the defendant’s neighbors called the police after noting a strong stench coming from his property and observing his dogs barking and carrying…

Oral Argument Preview: Week of June 8, 2009

Indiana Supreme Court On Thursday, June 11, the Indiana Supreme Court will hear argument in two cases. •    At 9 a.m., the Court will hear Money v. State.  In this case, the defendant pled guilty to a class A felony and to being an habitual offender in a “blind plea.”  Later, Money petitioned for post-conviction relief, claiming that his counsel had been ineffective for failing to advise him he was not eligible for a habitual offender enhancement.  The…

Indiana Court of Appeals: Statutes of Limitation And ‘Repressed Memory’ Molestation Claims

This week, in Lacava v. Lacava, the Indiana Court of Appeals addressed the application of statutes of limitation to repressed-memory molestation claims.  Proceedings in Lacava began in 2005, when the plaintiffs sued their father for damages arising out of the alleged molestation of them when they were minors. Although the complaint was filed after the presumptive statute of limitations applicable to minors had expired, there were issues as to when the plaintiffs’ cause of action accrued. The Indiana…