Restitution award was abuse of discretion; there was no evidence that the injury for which restitution was sought was caused by, or even connected with, the defendant.
Appeals
Smart v. State, No. 29A02-1412-CR-887, ___ N.E.3d ___ (Ind. Ct. App., Aug. 4, 2015).
Defendant’s admission to injecting “methamphetamine,” without more, was insufficient to prove that he injected the legend drug “methamphetamine hydrochloride”; there was no evidence or basis for judicial notice that the two substances were the same
Zeller v. AAA Ins. Co., No. 64A05-1502-CT-84, __ N.E.3d __ (Ind. Ct. App., Aug. 4, 2015).
Insurer’s acceptance of insured’s payment reinstated the insurance policy.
Young v. Davis, No. 71A04-1501-CT-26, __ N.E.3d __ (Ind. Ct. App., Aug. 4, 2015).
The voluntary dismissal of the governmental entities did not constitute a “judgment” for purposes of ITCA, and so plaintiffs could continue their lawsuit against the government employee individually.
Buford v. State, No. 20A05-1408-CR-392, ___ N.E.3d ___ (Ind. Ct. App., July 24, 2015).
Search warrant was invalid; uncorroborated anonymous tip of drug dealing at defendant’s home, plus police smelling burnt marijuana and seeing unspecified amount of marijuana “shake” on table in the home, did not establish probable cause of drug dealing.