Attorney fees can be recovered under the Indiana Adult Wrongful Death Statute (“AWDS”), Ind. Code § 34-23-1-2.
B. Dickson
Hematology-Oncology of Ind., P.C. V. Fruits, No. 49S05-1106-CV-387, __ N.E.2d __ (Ind., June 29, 2011)
Litigation expenses can be recovered under the Indiana Adult Wrongful Death Statute (“AWDS”), Ind. Code § 34-23-1-2.
Barnes v. State, No. 82S05-1007-CR-343, __ N.E.2d __ (Ind., May 12, 2011)
Affirms trial court refusal to instruct on right to resist illegal police entry of home, as “a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence.”
Pfenning v. Lineman, No. 27S02-1006-CV-331, __ N.E.2d __ (Ind. Ct. App., May 18, 2011)
“ We reject the concept that a participant in a sporting event owes no duty of care to protect others from inherent risks of the sport but adopt instead the view that summary judgment is proper due to the absence of breach of duty when the conduct of a sports participant is within the range of ordinary behavior of participants in the sport and therefore reasonable as a matter of law.”
Lacey v. State, No. 02S05-1010-CR-601, __ N.E.2d __ (Ind., May 10, 2011)
[T]he Indiana Constitution does not require prior judicial authorization for the execution of a warrant without knocking and announcing when justified by exigent circumstances known by police when the warrant was obtained,” although obtaining such prior judicial authorization is the better police practice.