Articles

Med-mal reform bill unexpectedly derailed

A proposal to raise caps on medical malpractice damages by $400,000 appears to face a grim prognosis after a key lawmaker said parties to the legislation have failed to agree on certain provisions of the bill.

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Jury instruction splits Supreme Court

Jury instructions that included the interpretation from an appellate ruling split the Indiana Supreme Court as to when trial courts should look beyond the statute.

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Opinions Jan. 25, 2016

Indiana Supreme Court
Shane Keller v. State of Indiana
88S04-1506-CR-354
Criminal. Reverses the two convictions of Class B felony burglary for breaking and entering into a farmhouse. Remands for entry of two replacement convictions for burglary as Class C felonies and for resentencing accordingly. Finds the jury instructions which included language from a Court of Appeals decision erroneously expanded the statutory definition of “dwelling.” Justice Massa dissents, joined by Chief Justice Rush.
 

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Small parcel opens door for Zionsville to expand

The Indiana Supreme Court has ruled in favor of Zionsville in an annexation fight over Perry Township, finding, in part, that a small parcel of incorporated land gives Zionsville the ability to leap frog Whitestown and lay claim to new territory.

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Opinions Jan. 22, 2016

The following Indiana Supreme Court opinion was posted after IL deadline Thursday:
Antonio Garcia v. State of Indiana
49S05-1505-CR-335
Criminal. Affirms denial of Garcia’s motion to suppress the admission of a pill container found during a quick pat-down search following a lawful arrest. Opening the pill container, which had one narcotic pill for which Garcia did not have a valid prescription, during the course of the pat-down search incident to his arrest for driving without a valid driver’s license was a reasonable search under Article 1, Section 11 of the Indiana Constitution.

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COA agrees man’s Ohio convictions don’t support SVF charges

Because the elements of the Ohio residential burglary statute used as the basis to charge a defendant as a serious violent felon in Indiana are not substantially similar to the Indiana statute, the Indiana Court of Appeals affirmed dismissal of the defendant’s SVF charges.

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