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.
Florida v. Powell, No. 08–1175, __ U.S. __ (Feb. 23, 2010)
Advice that a suspect has “the right to talk to a lawyer before answering any of [the law enforcement officers’] questions,” and that he can invoke this right “at any time. . . during th[e] interview,” satisfies Miranda requirement of advice of suspect’s right to have a lawyer with him during interrogation.
Griffin v. State, No. 71S03-0907-CR-333, __ N.E.2d __ (Ind., Feb. 23, 2010)
Addresses the meaning of “briefly” in the drug crime enhancement “defense” that defendant was only “briefly” within one thousand feet of a school, park, etc..
Maryland v. Shatzer, No. 08–680, __ U.S. __ (Feb. 24, 2010)
Adopts a brightline rule that a fourteen-day break in Miranda custody ends the presumption of involuntariness established in Edwards v. Arizona for responses to police-initiated questioning after a subject has invoked the right to have Miranda counsel present during interrogation; a subject incarcerated for an unrelated crime is not in Miranda custody for purposes of this fourteen-day rule.