Pharmacy that filled a prescription for a drug that caused a fatal interaction was not a qualified health care provider under the Medical Malpractice Act and so it was not exempted from the Comparative Fault Act.
C. Bradford
Young v. State, No. 20A04-1512-CR-2142, __N.E.3d__ (Ind. Ct. App., July 26, 2016).
A general habitual offender enhancement and a specialized habitual offender enhancement should run concurrently.
Hurley v. State, No. 49A05-1601-CR-108, __ N.E.3d __ (Ind. Ct. App., June 30, 2016).
Defendant’s inability to give a sufficient sample on a chemical breath test after being suspected of driving under the influence was a refusal to take the test.
Lehman v. State, No. 20A03-1511-CR-1963, ___N.E.3d____ (Ind. Ct. App., May 31, 2016).
Suspended attorney was guilty of practicing law as a non-attorney for providing various legal services during his suspension.
Willie Moore v. State, No. 49A02-1505-CR-321, ___ N.E.3d ___, (Ind. Ct. App. Jan. 29, 2016).
Illinois residential burglary statute was “substantially similar” to Indiana burglary offense; despite not expressly containing a “breaking” element, Illinois caselaw infers such a requirement, and Illinois statute classifies it as a “forcible felony.”
Evidence was insufficient to support “bodily injury” element of resisting law enforcement as a Level 6 felony; fact that officer was injured while chasing defendant on foot established only contributing, not proximate, causation.