Vacates invasion of privacy conviction for protection order subject’s “stop calling me, fagot [sic]” remark to protected person during a court hearing, on basis direct contempt was “more appropriate” remedy.
E. Brown
Spangler v. Bechtel, No. 49A05-0908-CV-482, ___ N.E.2d ___ (Ind. Ct. App., July 27, 2010)
Mother who suffered a stillbirth due to medical malpractice qualified as an injured patient and satisfied the actual victim requirement under the Medical Malpractice Act regardless of whether the malpractice resulted in injuries to the mother, the fetus, or both, and Parents may assert a claim for negligent infliction of emotional distress under the modified impact rule.
Adoption of A.M., 53A05-1002-AD-71, ___ N.E.2d ___ (Ind. Ct. App., July 21, 2010)
Trial court erred in denying Grandfather’s adoption petition, because preventing the adoption without divesting Mother’s parental rights would cause an absurd result not intended by the General Assembly.
Merchant v. State, No. 02A05-0910-CR-610, __ N.E.2d __ (Ind. Ct. App., May 5, 2010)
Uncuffed driver with second officer five feet from driver’s side door while first officer was standing by the open driver’s door was “unsecured and within reaching distance of the passenger compartment” so that warrantless search of compartment was permissible under Arizona v. Gant.
Clarion Health Partners, Inc. v. Wagler, No. 49A02-0907-CV-598, __ N.E.2d __ (Ind. Ct. App., Mar. 31, 2010)
Determination by two malpractice panelists that it could not be determined whether defendant’s action caused harm was without any evidentiary import for summary judgment purposes, and as nurse practitioner’s affidavit submitted by plaintiff could not be considered for summary judgment, third panelist’s conclusion defendant negligently caused injury shifted burden to plaintiff to show a genuine issue on causation.