Ind. Family & Social Svcs. Administration properly determined that the garnished portion of Medicaid recipient’s income should be included when determining his portion of the cost of his care.
Appeals
Buddy & Pals III, Inc. v. Falaschetti, No. 18A-CT-1811, __ N.E.3d __ (Ind. Ct. App., Jan. 18, 2019).
Summary judgment was properly denied because the court found that the bar failed to establish as a matter of law that it did not owe patron a duty to protect him from another patron’s criminal act.
State v. Bouye, No. 18A-CR-1730, __ N.E.3d __ (Ind. Ct. App., Jan. 10, 2019).
Police officer properly conducted an IDACS search to establish a reasonable suspicion that the driver was operating a vehicle with an improper license plate, and whether there was actually a violation is irrelevant to the constitutionality of the stop.
Trimnell v. State, No. 18A-CR-987, __ N.E.3d __ (Ind. Ct. App., Dec. 31, 2018).
Drug dealer who supplied drug that eventually attributed to the death of his customer could not be charged under the felony murder statute when his conduct was not the mediate or immediate cause of death.
Springfield v. State, No. 18A-CR-1317, __ N.E.3d __ (Ind. Ct. App., Dec. 28, 2018
Double jeopardy principles were violated when defendant was convicted and punished for the enhancement of possessing a firearm based on the same behavior that formed the basis of his unlawful possession of a firearm by a SVF conviction.