Articles

COA majority rules dog sniff did not prolong stop

The Indiana Court of Appeals reversed a woman’s motion to suppress evidence found at a traffic stop in a 2-1 decision after the court ruled the stop was not extended by an officer’s check of the car with his dog.

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Opinions June 30, 2016

Indiana Court of Appeals
Keyaunna Hurley v. State of Indiana
49A05-1601-CR-108
Criminal. Rules Keyaunna Hurley’s inability to give a sufficient sample on a chemical breath test after she was suspected of driving under the influence was a refusal to take the test under section 2-4-2(b)(5) of Title 260 of the Indiana Administrative Code and the evidence was sufficient to sustain the refusal determination.

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Evidence found during arrest for public intox is admissible, COA rules

The Indiana Court of Appeals upheld a man’s misdemeanor cocaine possession conviction after it held the search an officer conducted after finding the man asleep in his car did not violate his Fourth Amendment rights and thus the trial court did not abuse its discretion by admitting the cocaine found during the search.

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Majority: 2 shoplifting charges not RICO violations

The Indiana Court of Appeals ruled in a split decision the state went too far when it convicted a man who committed two acts of shoplifting under the state’s Racketeer Influenced and Corrupt Organizations Act and reversed his conviction for corrupt business influence.

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Supreme Court hears arguments in threat case

The Indiana Supreme Court heard arguments Thursday morning on whether to grant transfer in a case on the question of whether an arrestee’s statement could be considered a true threat because there is no evidence that the officer felt threatened by it.

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Lawyers crowdfunding for UK legal action

U.K. attorneys have raised more than 10,000 pounds ($13,000) to fund the opening salvo in what may be a multifaceted legal fight over the ins and outs of how Britain leaves the European Union.

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Opinions June 29, 2016

Indiana Court of Appeals
Anonymous M.D. and Anonymous Hospital v. Kenneth Lockridge, on behalf of Lily Lockridge, Rose Lockridge, and Kenneth Lockridge, Jr., Minors
39A01-1509-CT-1498
Civil tort. Affirms ruling that a medical malpractice suit filed by minor children Lily, Rose and Kenneth Lockridge Jr. can proceed due to an exception in the Medical Malpractice Act, and the Act includes derivative lawsuits because the General Assembly did not exclude them when it drafted the legislation.

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COA: Minors’ malpractice suit can continue

The Indiana Court of Appeals ruled a medical malpractice lawsuit filed by minor children can continue after it found the suit was not untimely filed. The children were in the correct age range to trigger an exception in the Medical Malpractice Act.

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