Among factors leading to conclusion there was Miranda custody was the giving of Miranda rights, defendant’s invocation of those rights, and police failure to comply with them, notwithstanding continued police assurances during lengthy questioning that defendant was free to leave whenever he wished.
Iltzsch v. State, No. 49A02-1112-CR-1164, __ N.E.2d __ (Ind. Ct. App., Aug. 14, 2012).
Reverses restitution order because it rested solely upon victim’s unsupported assertions of loss as related to probation officer and placed in PSI, and holds State may not have a new restitution hearing to present evidence sufficient to support a restitution award.
E.J. v. Okolocha, No. 45A03-1201-CT-15, ___ N.E.2d ___ (Ind. Ct. App., Aug. 13, 2012).
A doctor has no duty to release a baby’s medical records to the baby’s prospective adoptive parents without the proper authorization to release the medical records.
Jent v. Fort Wayne Police Dept., No. 02A03-1108-MI-388, ___ N.E.2d ___ (Ind. Ct. App., Aug. 15, 2012).
The “reasonable particularity” requirement under the Access to Public Records Act “enables the subpoenaed party to identify what is sought and enables the trial court to determine whether there has been sufficient compliance with the request.”
Curts v. Miller Health Systems, Inc., No. 09A02-1112-CT-1191, ___ N.E.2d ___ (Ind. Ct. App., Aug. 15, 2012).
“[N]urses can potentially have sufficient expertise to qualify as experts for the purposes of medical standards of care and medical causation.”