When there had never been any custody determination made, the Uniform Child Custody Jurisdiction Act did not apply to mother’s Indiana petition to get child born out of wedlock back from father who had taken the child to another state.
King v. State, No. 49S04-0911-CR-507, __ N.E.2d __ (Ind., Mar. 2, 2010)
Holds that the crime of attempted dissemination of matter harmful to minors can be committed when the harmful matter is sent to a police officer posing as a minor.
Washington v. State, No. 49A02-0907-CR-649, __ N.E.2d __ (Ind. Ct. App., Mar. 4, 2010)
Warrantless search of vehicle during infraction stop to find a handgun which driver admitted he had and for which he possessed a valid permit violated the Fourth Amendment when the officer lacked an articulable basis of concern for officer safety.
Ault v. Brewer, No. 36A04-0907-CV-407, __ N.E.2d __ (Ind. Ct. App., Mar. 2, 2010)
Guardian’s closure of payable on death accounts to consolidate ward’s finances into a single account was not prohibited estate planning.
Sibbing v. Cave, No. 49S02-0906-CV-00275, __ N.E.2d __ (Ind., Mar. 4, 2010)
Evidence Rule 803(4)’s hearsay exception for statements made for purposes of medical diagnosis or treatment applies only to patients’ statements, not to statements of physicians concerning diagnosis or treatment. Holds that recovery of medical expenses requires that “the treatment claimed must be necessary in the sense that it proximately resulted from the wrongful conduct,” and also holds that the “scope of liability” component of proximate cause allows recovery for “necessary” medical treatment even when the result of misdiagnosis or negligent administration.