“[A] signaling driver may owe a duty of care to a third party motorist as a matter of law when his actions result in the reasonable reliance by the signaled driver that traffic is clear.”
Appeals
State ex rel. FSSA v. Est. of Roy, No. 33A04-1105-ES-24, ___ N.E.2d ___ (Ind. Ct. App., Feb. 28, 2012).
FSSA, a subdivision of the State, filed a valid lien against the property of a Medicaid recipient, had a preferred claim under Ind. Code 12-15-9-1, and was not required to file its claim within nine months of the death of the Medicaid recipient.
State v. Vickers, No. 88A05-1106-PC-317, __ N.E.2d __ (Ind. Ct. App., Feb. 21, 2012).
Fact that there was no record of defendant’s waiver of his right to counsel was not sufficient to meet his P-C.R. burden to prove his waiver was involuntary.
Yanez v. State, No. 49A02-1104-CR-362, __ N.E.2d __ (Ind. Ct. App., Feb. 21, 2012).
When officer who made the investigatory stop did not testify as to her reasons for making the stop and supporting officer’s testimony amounted only to “postulation” as for reasons for the initial stop, there was no showing that there was any constitutional basis for stopping the defendant.
In re Ind. Newspapers, Inc., No. 49A02-1103-PL-23, ___ N.E.2d ___ (Ind. Ct. App., Feb. 21, 2012).
Regarding whether a non-party news organization can be compelled to disclose in a defamation lawsuit the identity of an anonymous commenter, the Court of Appeals adopts a modified Dendrite test requiring the plaintiff to produce prima facie evidence to support only those elements of the cause of action that are not dependent on the commenter’s identity.