Passenger for whom there is no reasonable suspicion of a law violation does not commit “refusal to identify self” C misdemeanor if he refuses to identify himself.
Outlaw v. State, No. 49S02-1006-CR-328, __ N.E.2d __ (Ind., June 24, 2010)
Adopts Court of Appeals holding that A misdemeanor Operating While Intoxicated requires evidence on the element of endangerment.
Marbley-El v. State, No. 71S03-1006-PC-329, __ N.E.2d __ (Ind., June 24, 2010)
Defendant has no jury trial right on sentencing factors for an offense committed after the current sentencing statutes took effect.
Giddings v. State, No. 40A01-0909-PC-455, __ N.E.2D __ (Ind. Ct. App., June 25, 2010)
U.S. Supreme Court’s verdict unanimity requirement for individual components of a continuing criminal enterprise under federal criminal law is not applicable to Indiana child molesting cases.
KB Home Indiana, Inc. v. Rockville TBD Corp., No. 49A02-0909-CV-881, ___ N.E.2d ___ (Ind. Ct. App., June 18, 2010)
Owner’s action in negligence for defendant’s discharge of pollutants onto real property that was once farmland but subsequently became a residential subdivision was not barred by the economic loss doctrine.