The patient’s designated expert medical testimony created a genuine issue of material fact regarding doctor’s negligence.
Kramer v. Catholic Charities of the Diocese of Fort Wayne-South Bend, Inc., No. 71S03-1506-CT-350, __N.E.3d __ (Ind., June 3, 2015).
Because the applicable Indiana statute does not impose the requirement of a pre-placement registry check, and because the plaintiffs failed to demonstrate that adoption agency had any duties in excess of its statutory obligations, summary judgment for the adoption agency was properly granted.
Jenkins v. State, No. 20A04-1410-CR-489, ___ N.E.3d ___ (Ind. Ct. App., May 26, 2015).
“Breaking” element of burglary was satisfied when defendant gained entry to an apartment by pushing aside a person standing near the entry, then immediately subduing the occupant by force.
Dunn v. State, No. 49A02-1407-CR-470, ___ N.E.3d ___ (Ind. Ct. App., May 26, 2015).
Court abused its discretion by granting State’s motion to withdraw a plea agreement because the victim had not been notified; victim-notice error was invited by State’s sworn assertion in connection with the plea agreement that victim had been notified.
Bowman v. State, No. 21A04-1404-CR-180, ___ N.E.3d ___ (Ind. Ct. App., May 26, 2015).
Without lab test, field test, or corroborating circumstantial evidence, testimony that the product of a controlled buy “looked like” heroin was insufficient to prove dealing in a narcotic drug within 1,000 feet of a school.