When the defendant agreed to go to the station for questioning about another matter, he had already received his ticket for driving without his seatbelt, so the subsequent search of his person made for the safety of the officer who would drive him to the station did not violate the Seatbelt Enforcement Act. But because defendant had not agreed to be driven to the station by the police for the questioning, the search of his person was unreasonable under Article 1, section 11 of the Indiana Constitution.
State v. Manuwal, No. 50S05-0805-CR-269, __ N.E.2d __ (Ind., Apr. 8, 2009)
The operating while intoxicated offense applies to an individual driving on his own private property.
Graham v. State, No. 03S04-0809-CR-00507, __ N.E.2d __ (Ind., Apr. 8, 2009)
Evidence that the defendant did not offer his hands behind his back to be cuffed was not sufficient to prove he forcibly resisted law enforcement.
Chacon v. Jones-Schilds, No. 02A05-0808-CV-484, ___ N.E.2d ___ (Ind. Ct. App., Apr. 8, 2009)
Trial court did not abuse its discretion by excluding proposed evidence of the lack of a recording of an incident at a jail (and the corresponding negative inference therefrom), because the proponent of the evidence failed to comply with the court’s discovery and pretrial orders.
Butler v. Indiana Dep't of Ins., No. 49S05-0805-CV-216, ___ N.E.2d ___ (Ind., Apr. 7, 2009)
Under Ind. Code § 34-23-1-2 (1999) on the wrongful death of unmarried adults with no dependents, if medical providers issue statements of charges for health care services but thereafter accept a reduced amount in full satisfaction of the charges due to contractual arrangements with the patient’s health insurers, Medicare, or Medicaid, the amount recoverable for reasonable medical and hospital expenses necessitated by the alleged wrongful conduct is the total amount ultimately accepted after such contractual adjustments, not the total of charges billed.