Doctors’ conclusory affidavits failed to raise genuine issue of fact; affidavits merely restated the denials in their pleadings and did not cite facts to support that they met the standard of care or did not cause plaintiffs’ damages.
Appeals
Coleman v. State, No. 47A01-1506-IF-659, ___ N.E.3d ___ (Ind. Ct. App. Jan. 19, 2016).
Speed-limit sign facing southbound traffic, reducing speed limit from 55 to 35 mph, was ineffective against northbound motorist, despite county ordinance setting 35 mph speed limit unless otherwise designated; by state law, default speed limit for the road was 55 mph unless “appropriate signs giving notice of the altered limit are erected on the street or highway.”
Rhodes v. State, No. 49A02-1503-CR-173, ___ N.E.3d ___ (Ind. Ct. App. Jan. 19, 2016).
Inventory search of defendant’s vehicle was unconstitutional, absent proof of existence of (or compliance with) established police procedures for such searches.
State v. Hancock, No. 39A05-1506-CR-633, ___ N.E.3d ___ (Ind. Ct. App. Jan. 22, 2016).
Elements of Ohio residential burglary offense were not “substantially similar” to Indiana offense, and therefore did not establish serious violent felon (SVF) status.
Rondeau v. State, No. 49A02-1505-PC-427, ___ N.E.3d ___ (Ind. Ct. App. Jan. 12, 2016).
Post-conviction court did not abuse its discretion in denying some requests for subpoenas, despite not issuing “a finding on the record” under P-C.R. 1(9)(b); subpoenas either were not specific enough to establish proposed witnesses’ relevance, or relevance was only to matters available at trial or on direct appeal.