Plurality opinion holds that officer’s incursions into auto passenger compartment, after driver had been arrested outside the vehicle, violated 4th Amendment and Indiana Constitution Art. I Sec. 11.
Wilkins v. State, No. 02A03-0910-CR-451, __ N.E.2d __ (Ind. Ct. App., July 27, 2010)
When factors which would justify a “no-knock” residential search were not “exigent,” but rather were known when the search warrant was applied for but not presented to the judge to have judicial authority for a “no-knock” entry, and the policy of the law enforcement agency was to routinely leave the “no-knock” decision to the police team rather than obtaining approval from an independent authority, suppression of the fruits of the “no-knock” search was appropriate under the Indiana Constitution.
Green Tree Servicing, LLC v. Brough, No. 88A01-0911-CV-550, ___ N.E.2d ___ (Ind. Ct. App., July 26, 2010)
Trial court erred in vacating its order for arbitration, because the arbitration clause in the parties’ contract was not terminated by one party’s bankruptcy discharge.
Spangler v. Bechtel, No. 49A05-0908-CV-482, ___ N.E.2d ___ (Ind. Ct. App., July 27, 2010)
Mother who suffered a stillbirth due to medical malpractice qualified as an injured patient and satisfied the actual victim requirement under the Medical Malpractice Act regardless of whether the malpractice resulted in injuries to the mother, the fetus, or both, and Parents may assert a claim for negligent infliction of emotional distress under the modified impact rule.
Adoption of H.W., No. 71A03-0911-CV-516, ___ N.E.2d ___ (Ind. Ct. App., July 28, 2010)
Trial court had the ability to consider simultaneously both the CHINS action and the Foster Parents’ petition to adopt Child; trial court erred, however, when it determined that DCS’s withholding of consent to the adoption was not in Child’s best interest.