Statutory confidentiality for Board of Pharmacy prescription database protects prescription subject’s physician-patient and pharmacist-patient privileges, and subject’s criminal defense discovery request for prescription records waived these privileges’ protection, so that Board’s objections to disclosure based on confidentiality were without merit.
Criminal
Dexter v. State, No. 79S05-1106-CR-367, __ N.E.2d __ (Ind., Jan. 12, 2012).
In an habitual offender proceeding, “an unsigned judgment is not sufficient to prove beyond a reasonable doubt the fact of a prior conviction.”
Heaton v. State, No. 48A02-1104-CR-404, __ N.E.2d __ (Ind. Ct. App., Dec. 28, 2011).
In a probation revocation, the trial court must apply the preponderance standard in determining whether a new offense was committed; points out that a line of Court of Appeals decisions saying probable cause is the standard failed to note the 1983 statutory change requiring preponderance.
Renzulli v. State, No. 32S04-1102-CR-117, __ N.E.2d __ (Ind., Dec. 29,2011).
Circumstances sufficiently corroborated concerned citizen’s tip of a possibly intoxicated driver to support an investigative stop.
Bryant v. State, No. 45A03-1101-CR-11, __ N.E.2d __ (Ind. Ct. App., Dec. 20, 2011).
Suspect, arrested driving his car for resisting arrest after he failed to stop the car earlier, was properly strip-searched at the arrest site for drugs when officers had reasonable suspicion he was concealing contraband on his person.