“[E]vidence of mailing on a particular date, even if it contradicts a postmark, is competent to prove filing on that date for purposes of the Medical Malpractice Act.”
J. Baker
Davis v. State, No. 45A05-1008-CR-502, __ N.E.2d __ (Ind. Ct. App., May 12, 2011)
The “trial court abused its discretion when it allowed a police detective to testify as a skilled witness that the denominations of money found on the defendant were indicative of drug dealing.”
White v. State, No. 15A01-1008-CR-463, __ N.E.2d __ (Ind. Ct. App., Mar. 9, 2011)
Record of defendant’s felony conviction reached in another state when he was fifteen years old was insufficient to support habitual offender finding without additional evidence on the other state’s procedures assuring that he was convicted as an adult.
B&B, LLC v. Lake Erie Land Co., No. 45A04-1002-PL-183, ___ N.E.2d ___ (Ind. Ct. App., Feb. 28, 2011)
A landowner, who raises the subterranean water table on his land and creates a federally regulated wetland, may not invoke the common enemy doctrine of water diversion and shield himself from liability to adjoining landowners whose property also became federally regulated wetlands.
Cooper v. State, No. 32A05-1005-CR-309, __ N.E.2d __ (Ind. Ct. App., Jan. 11, 2011)
When defendant was convicted of reckless homicide entailing use of a shotgun resulting in the death, imposition of the five year statutory sentence enhancement for use of a firearm did not violate double jeopardy protections.