U.S. Supreme Court’s verdict unanimity requirement for individual components of a continuing criminal enterprise under federal criminal law is not applicable to Indiana child molesting cases.
B. Barteau
Ramirez v. State, No. 65A01-0911-CR-543, __ N.E.2d__ (Ind. Ct. App., May 28, 2010)
U.S. Supreme Court’s Melendez-Diaz holding does not require a change from prior Court of Appeals opinions that Dept. of Toxicology breathalyzer test certificate is not “testimonial” and hence is admissible without testimony from the tester.
Buchanan v. Vowell, No. 49A02-0909-CV-873, ___ N.E.2d ___ (Ind. Ct. App., May 12, 2010)
Where drunk driver injured plaintiff-pedestrian while driver was speaking on her cell phone with defendant (who was following driver in another car), trial court erred in dismissing plaintiff’s complaint alleging that defendant gratuitously undertook a duty to protect plaintiff from the driver and that defendant was acting in concert with the driver.
Rieth-Riley Construction Co. v. Gibson, No. 64A04-0908-CV-445, __ N.E.2d __ (Ind. Ct. App., Mar. 25, 2010)
“Discovery rule” for tolling statute of limitations does not apply when plaintiff knew of injury but did not discover identity of tortfeasor until limitations period had run.
Payday Today, Inc. v. Hamilton, No. 71A03-0805-CV-255, ___ N.E.2d ___ (Ind. Ct. App., July 20, 2009)
Dunning letter sent to debtor violated § 24-4.5-7-410(d), which prohibits contracting for or collecting attorney’s fees on small loans.