Derivative medical malpractice claim of decedent’s children was not time-barred because the children were under the age of six at the time of the alleged negligence and under the age of eight at the time of the filing of the complaint.
Utah v. Strieff, No.14-1373, __US__ (June 20, 2016).
Evidence seized by police officer as part of his search incident to arrest is admissible because his discovery of the arrest warrant attenuated the connection between the unlawful stop and the evidence seized incident to arrest.
Pattison v. State, No. 27S05-1603-CR-115 , __ N.E.3d __ (Ind., June 22, 2016).
When jury instruction did not shift the State’s burden of proof, there is no error so fundamental as to preclude a fair trial.
Arion v. State, No. 08A02-1508-CR-1278, __N.E.3d__ (Ind. Ct. App., June 22, 2016).
Trial courts have an affirmative duty to insure a speedy trial.
Birchfield v. North Dakota, No.14-1468, __US__ (June 23, 2016).
The Fourth Amendment permits warrantless breath tests inci¬dent to arrests for drunk driving but not warrantless blood tests.