Where plaintiff sued under premises liability for injuries incurred in hospital, but did not appeal trial court’s dismissal of her complaint, the Journey’s Account Statute did not apply to her subsequent medical malpractice lawsuit.
J. Baker
Nicevski v. Nicevski, No. 02A04-0904-CV-188, ___ N.E.2d ___ (Ind. Ct. App., July 8, 2009)
In a dissolution case, trial court erred by including in the marital estate the value of a residence titled in husbandâ’s parents’ name, because his parents were not joined as necessary nonparties pursuant to Indiana Trial Rule 7(B).
Webster v. State, No. 71A03-0902-CR-78, __ N.E.2D __ (Ind. Ct. App., June 22, 2009)
Search of traffic stop passenger’s purse, on basis officer thought it looked “stretched” and might therefore contain a firearm, violated Art. 1, Section 11 of the Indiana Constitution.
Mathews v. State, No. 01A02-0901-CR-44, __N.E.2d __ (Ind. Ct. App., June 18, 2009)
When probationer in open court was informed of date for revocation fact-finding hearing, and would have learned of the rescheduling of the hearing had she appeared on the original date scheduled, she could be tried in absentia when she did not appear at the rescheduled hearing.
Brown v. State, No. 34A05-0812-CR-716, __ N.E.2d __ (Ind. Ct. App., June 12, 2009)
Plurality agrees defendant receives no sentence credit for period he was arrested on charges unrelated to the one he pled guilty to and which were dismissed; plurality agrees defendant receives credit from time he was arrested on charge he pled guilty to.