The current version of the habitual offender statute allows a court to use that enhancement to a conviction of operating a motor vehicle after forfeiture for life even though that is a progressive penalty.
Appeals
Ind. Family & Social Svcs. Admin. v. Patterson, No. 18A-PL-925, __ N.E.3d __ (Ind. Ct. App., Jan. 17, 2019).
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.
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.