Visiting a common nuisance and dealing in heroin should have been charged together, and accordingly the heroin dealing charge was barred by the Successive Prosecution Statute.
Appeals
Garrett v. State, No. 49A02-1101-CR-1, __ N.E.2d __ (Ind. Ct. App., Oct. 26, 2011).
Defendant did not have a right to resist law enforcement officer’s placing her in handcuffs when officer was responding to a domestic violence report.
Jennings v. State, No. 53A01-1010-CR-541, __ N.E.2d __ (Ind. Ct. App., October 27, 2011).
B misdemeanor sentence of 30 executed, 150 suspended, and 365 probation exceeded the statutory one year maximum combined imprisonment and probation limit.
Plank v. Community Hospitals of Indiana, Inc., No. 49A04-1004-CT-25, ___ N.E.2d ___ (Ind. Ct. App., Oct. 25, 2011).
Plaintiff is entitled to an evidentiary hearing about whether the state’s statutory cap on medical malpractice awards is unconstitutional.
Homestead Finance Corp. v. Southwood Manor L.P., No. 71A04-1103-CC-167, ___ N.E.2d ___ (Ind. Ct. App., Oct. 26, 2011).
A lienholder is no longer subject to the Park Owner’s Lien Statute (Ind. Code § 16-41-27-29) once it releases its lien on a mobile home.