Officer lacked reasonable suspicion for a Terry stop merely because individual stopped was in a drug “hot-zone.”
Appeals
Sickels v. State, No. 20A03-1102-CR-66, __ N.E.2d __ (Ind. Ct. App., Jan. 6, 2012).
Conviction on three counts of nonsupport for failure to pay in gross support order for three children did not violate Indiana Double Jeopardy law’s actual evidence doctrine; nonsupport restitution “victims” were the children, not the custodial parent; restitution order erroneously characterized restitution as “a civil judgment.”
Williams v. State, No. 49A02-1103-CR-266, __ N.E.2d __ (Ind. Ct. App., Jan. 11, 2012).
Statutory confidentiality for Board of Pharmacy prescription database protects prescription subject’s physician-patient and pharmacist-patient privileges, and subject’s criminal defense discovery request for prescription records waived these privileges’ protection, so that Board’s objections to disclosure based on confidentiality were without merit.
Estate of Latek, No. 64A05-1103-ES-112, ___ N.E.2d ___ (Ind. Ct. App., Jan. 4, 2012).
“[T]he effect of another state’s determination that a will is invalid has no effect on the validity of the will in Indiana as it pertains to the disposition of real property located in Indiana.”
Heaton v. State, No. 48A02-1104-CR-404, __ N.E.2d __ (Ind. Ct. App., Dec. 28, 2011).
In a probation revocation, the trial court must apply the preponderance standard in determining whether a new offense was committed; points out that a line of Court of Appeals decisions saying probable cause is the standard failed to note the 1983 statutory change requiring preponderance.