Unlawful possession of a syringe cannot be enhanced to a Level 5 felony based on a prior conviction pursuant to the general offense-level statute (Ind. Code § 16-42-19-27).
Appeals
Kirchgessner v. Kirchgessner, No10A01-1710-CP-2309,__ N.E.3d __ (Ind. Ct. App., May 29, 2018).
Trial court properly granted a T.R. 60(B)(7) motion within a reasonable time, even though it was over 25 years since the judgment was entered.
Certa v. Steak’n Shake Operations, Inc., No. 79A05-1708-CT-1873,__ N.E.3d __ (Ind. Ct. App., May 29, 2018).
Using the Rogers/Goodwin analysis, restaurant had a duty to protect restaurant patron from injury caused by another patron when the restaurant knew that the patrons had engaged in a verbal altercation and was aware of the potential for escalation of the conflict.
Henderson v. Kleinman, No. 84A01-1710-CT-2566,__ N.E.3d __ (Ind. Ct. App., May 30, 2018).
There is no statutory duty for a doctor to maintain adequate records; the trial court properly granted summary judgment in favor of doctor when “lack of documentation makes it impossible for the panel to decide whether the evidence supports or does not support a conclusion that the Defendant failed to comply with the appropriate standard of care in his treatment of the Plaintiff.”
Hunter v. State, No. 43A03-1711-CR-2633, __ N.E.3d __ (Ind. Ct. App., May 16, 2018).
When defendant violates a condition of bail, the court may revoke bail, but may not impose a punitive contempt sanction unless defendant’s conduct affects the dignity or operation of the court.