Distinguishing caselaw holding that, for the OWI offense, endangerment cannot be inferred from intoxication alone, affirms public intoxication conviction on basis defendant’s presence while intoxicated with a car at a gas station supported an inference he operated the vehicle while intoxicated and thus committed the public intoxication element of endangering himself or others.
Gaddie v. State, No. 49S02-1312-CR-789, __ N.E.3d __ (Ind., June 27, 2014).
“To avoid conflict with the Fourth Amendment . . . the statute defining the offense of Resisting Law Enforcement by fleeing after being ordered to stop must be construed to require that a law enforcement officer’s order to stop be based on reasonable suspicion or probable cause.”
South Shore Baseball, LLC v. DeJesus, No. 45S03-1308-CT-531, __ N.E.3d __ (Ind., June 27, 2014).
Stadiums and franchises have no special limited duty beyond the principles of premises liability.
Powell v. Powell, No. 88A01-1402-PL-59, __ N.E.3d __ (Ind. Ct. App., July 3, 2014).
“[W]hen property is conveyed to individuals by the entirety or entireties, regardless of whether those individuals are husband and wife, a presumption arises that the grantor intended to convey the property with the right of survivorship.”
Riley v. California, Nos. 13–132 and 13–212, __ U.S. __ (June 25, 2014).
“Our answer to the question of what police must do before searching a cell phone seized incident to an arrest is accordingly simple— get a warrant.”