Officer’s general concern about suspects having weapons and his dislike of suspects placing hands in their pockets did not support stop and frisk.
Allen v. State, No. 15A04-1101-CR-16, __ N.E.2d __ (Ind. Ct. App., Oct. 25, 2011).
Visiting a common nuisance and dealing in heroin should have been charged together, and accordingly the heroin dealing charge was barred by the Successive Prosecution Statute.
Garrett v. State, No. 49A02-1101-CR-1, __ N.E.2d __ (Ind. Ct. App., Oct. 26, 2011).
Defendant did not have a right to resist law enforcement officer’s placing her in handcuffs when officer was responding to a domestic violence report.
Jennings v. State, No. 53A01-1010-CR-541, __ N.E.2d __ (Ind. Ct. App., October 27, 2011).
B misdemeanor sentence of 30 executed, 150 suspended, and 365 probation exceeded the statutory one year maximum combined imprisonment and probation limit.
Plank v. Community Hospitals of Indiana, Inc., No. 49A04-1004-CT-25, ___ N.E.2d ___ (Ind. Ct. App., Oct. 25, 2011).
Plaintiff is entitled to an evidentiary hearing about whether the state’s statutory cap on medical malpractice awards is unconstitutional.