Conviction on three counts of nonsupport for failure to pay in gross support order for three children did not violate Indiana Double Jeopardy law’s actual evidence doctrine; nonsupport restitution “victims” were the children, not the custodial parent; restitution order erroneously characterized restitution as “a civil judgment.”
E. Najam
Hill v. State, No. 48A02-1103-CR-179, __ N.E.2d ___ (Ind. Ct. App., Oct. 25, 2011).
Officer’s general concern about suspects having weapons and his dislike of suspects placing hands in their pockets did not support stop and frisk.
Plank v. Community Hospitals of Indiana, Inc., No. 49A04-1004-CT-25, ___ N.E.2d ___ (Ind. Ct. App., Oct. 25, 2011).
Plaintiff is entitled to an evidentiary hearing about whether the state’s statutory cap on medical malpractice awards is unconstitutional.
Allen v. Clarian Health Partners, Inc., No. 49A02-1011-CT-117, ___ N.E.2d ___ (Ind. Ct. App., Oct. 12, 2011).
A complaint challenging reasonableness of the fees the defendant hospital charged the plaintiffs states a claim for breach of contract because no price was specified in the contracts; plaintiffs only agreed to pay a reasonable charge for defendant hospital’s services, and if the fees charged are unreasonable this would constitute a breach of contract.
Hundley v. State, No. 24A01-1010-CR-550, __ N.E.2d __ (Ind. Ct. App., July 14, 2011).
Entire weight of “pill dough” produced in intermediate step in methamphetamine manufacture was properly considered as methamphetamine in excess of 3 grams required for A felony manufacturing.