“[R]equirements of a personal representative are not the same as the requirements for a guardian, and as a result a nonprofit corporation not authorized as a corporate fiduciary in Indiana may serve as guardian where it could not serve as a personal representative.”
Appeals
Thompson v. Gerowitz, No. 49A05-1005-CT-296, ___ N.E.2d ___ (Ind. Ct. App., Feb. 16, 2011)
Juror’s silence during voir dire when taken with her subsequent statement to the trial court regarding possible bias required the trial court to conduct a hearing out of the presence of the remainder of the jury to determine whether the juror’s silence indicated bias or lack of disinterest, and whether the hearing itself created a bias in the juror.
Kolozsvari v. Doe, No. 32A04-1008-CT-525, __ N.E.2d __ (Ind. Ct. App., Feb. 10, 2011)
Pharmacists have a duty to warn of the side effects of prescribed medications or to refuse to fill the prescription when a pharmacist has information that gives rise to a duty to exercise professional judgment.
Beneficial Indiana, Inc. v. Joy Properties, LLC, No. 02A05-1005-PL-260, ___ N.E.2d ___ (Ind. Ct. App., Feb. 10, 2011)
A claimant other than one identified Ind. Code 6-1.1-24-7 may pursue disbursement of a tax sale surplus in the trial court, and that equity requires that the claimant with the more substantial interest in the real estate should be granted disbursement of the tax sale surplus.
Matlock v. State, No. 49A02-1006-CR-609, __ N.E.2D __ (Ind. Ct. App., Jan. 21, 2011)
“[W]here the possibility exists that a defendant accused of OWI may at some point in the future regain competency and be released back into society, which release also may include the defendant driving, the State may pursue an OWI conviction even if the defendant’s incompetency caused he or she to be detained for a period in excess of the maximum possible sentence for OWI.”