Pharmacists have a duty to warn of the side effects of prescribed medications or to refuse to fill the prescription when a pharmacist has information that gives rise to a duty to exercise professional judgment.
Beneficial Indiana, Inc. v. Joy Properties, LLC, No. 02A05-1005-PL-260, ___ N.E.2d ___ (Ind. Ct. App., Feb. 10, 2011)
A claimant other than one identified Ind. Code 6-1.1-24-7 may pursue disbursement of a tax sale surplus in the trial court, and that equity requires that the claimant with the more substantial interest in the real estate should be granted disbursement of the tax sale surplus.
Matlock v. State, No. 49A02-1006-CR-609, __ N.E.2D __ (Ind. Ct. App., Jan. 21, 2011)
“[W]here the possibility exists that a defendant accused of OWI may at some point in the future regain competency and be released back into society, which release also may include the defendant driving, the State may pursue an OWI conviction even if the defendant’s incompetency caused he or she to be detained for a period in excess of the maximum possible sentence for OWI.”
Dan Cristiani Excavating Co. Inc. v. Money, No. 10A05-1002-CT-114, __ N.E. 2d __ (Ind. Ct. App., Jan. 26, 2010)
A series of adverse rulings against one party is not a pattern indicating bias without a demonstration of actual personal bias of the trial judge.
Delao v. State, No. 20A05-1003-CR-182, __ N.E.2d __ (Ind. Ct. App., Jan. 10, 2011)
After judge had instructed parties a request would be necessary to have sidebars recorded due to limitations of recording equipment, defense counsel’s failure to request a recorded sidebar conference meant that the record failed to show the particular grounds for his objection to evidence.