Placement on probation and placement in a community transition program are not one and the same, and the court’s consideration of those options is not mutually exclusive; therefore, the trial court’s revocation of probation was not barred by res judicata.
Appeals
Shelton v. Kroger LP I, No. 49A02-1601-CT-75, __ N.E.3d __ (Ind. Ct. App., Aug. 4, 2016).
Pharmacy that filled a prescription for a drug that caused a fatal interaction was not a qualified health care provider under the Medical Malpractice Act and so it was not exempted from the Comparative Fault Act.
Young v. State, No. 20A04-1512-CR-2142, __N.E.3d__ (Ind. Ct. App., July 26, 2016).
A general habitual offender enhancement and a specialized habitual offender enhancement should run concurrently.
Doctor v. State, No. 82A01-1507-CR-844, __N.E.3D__ (Ind. Ct. App., July 26, 2016).
Officers’ testimony that they could not see the occupants inside of the vehicle provided reasonable suspicion to justify the traffic stop for a window tint statute violation.
Cherry v. State, No. 49A02-1505-CR-340, ___N.E.3d___ (Ind. Ct. App., July 27, 2016).
Pursuant to Ind. Evidence Rule 617(a)(3), the trial court properly admitted statements made to arresting officers during the custodial interrogation when recording equipment malfunctioned or failed to operate.