“Annoys” as used in the public intoxication offense is unconstitutionally vague.
Thompson v. State, No. 61A01-1305-CR-207, __ N.E.2d __ (Ind. Ct. App., Feb. 13, 2014).
Operating a vehicle with a blood-alcohol concentration of .08 causing serious bodily injury is a “crime of violence” not subject to the statutory cap on consecutive sentencing.
Veolia Water Indianapolis, LLC v. Nat’l Trust Ins. Co., No. 49S04-1301-PL-00008, __ N.E.2d __ (Ind., Feb. 6, 2014)
A for-profit, private company operating a public water utility under a contract with a governmental unit does not have common law sovereign immunity.
Paul Stieler Enterprises, Inc. v. City of Evansville, No. 82S01-1306-CT-436, __ N.E.2d __ (Ind., Feb. 11, 2014)
Amended smoking ban ordinance violates the equal privileges and immunities clause of the Indiana Constitution, voiding the amendment that exempted the riverboat casino.
In re S.D., No. 49S05-1309-JC-585, __ N.E.2d __ (Ind., Feb. 12, 2014)
Trial court improperly found that a child with special needs is a child in need of services.