Addresses the meaning of “briefly” in the drug crime enhancement “defense” that defendant was only “briefly” within one thousand feet of a school, park, etc..
B. Dickson
Bules v. Marshall County, No. 50S03-1001-CV-57, ___ N.E.2d ___ (Ind., Jan. 27, 2010)
The Indiana Tort Claims Act’s immunity for losses caused by temporary weather conditions during the period of reasonable response to a weather condition lasts at least until the weather condition has stabilized.
State v. Haldeman, No. 55S00-0906-CR-266, __ N.E.2d __ (Ind., Jan. 15, 2010)
Even though statute requiring preliminary appellate review of wiretap warrant has been repealed, Criminal Rule 25’s requirement of preliminary appellate review of wiretap warrants must be complied with.
Inlow v. Inlow, No. 29S02-0902-CV-89, __ N.E.2d __ (Ind., Nov. 18, 2009)
When settlement resolves a wrongful death action, a court should direct payment from the pre-trial wrongful death settlement that part of the medical, hospital, funeral, and burial expenses that corresponds to the ratio of the total of such expenses to the estimated total damages sustained.
Williams v. Tharp, No. 29S02-0901-CV-40, ___ N.E.2d ___ (Ind. Oct. 13, 2009)
In a defamation action, plaintiff can overcome defendant’s claim of qualified privilege by showing that defendant made the statement without belief or grounds for belief in its truth; the proper standard for determining grounds for belief in truth is not reckless disregard; the absence of any discernable basis for the truth of the matter can, however, serve as circumstantial evidence of a reporting citizen’s actual knowledge of falsity.