The 2010 amendment providing credit time for persons on electronic home monitoring as a direct commitment to community corrections does not apply retroactively.
M. Bailey
In Re Guardianship of J.Y., No. 27A02-1005-GU-744, ___ N.E.2d ___, (Ind. Ct. App., Feb 15, 2011)
“[R]equirements of a personal representative are not the same as the requirements for a guardian, and as a result a nonprofit corporation not authorized as a corporate fiduciary in Indiana may serve as guardian where it could not serve as a personal representative.”
Kolozsvari v. Doe, No. 32A04-1008-CT-525, __ N.E.2d __ (Ind. Ct. App., Feb. 10, 2011)
Pharmacists have a duty to warn of the side effects of prescribed medications or to refuse to fill the prescription when a pharmacist has information that gives rise to a duty to exercise professional judgment.
Dawson v. State, No. 49A02-1001-CR-155, __ N.E.2d __ (Ind. Ct. App., Dec. 17, 2010)
Post-Conviction Rule 2 applies only to belated appeals of convictions or sentences and accordingly does not allow a belated appeal of a probation revocation.
Kocielko v. State, No. 20A03-1002-CR-218, __ N.E.2d __ (Ind. Ct. App., Dec. 2, 2010)
Defendant convicted of both deviate sexual conduct and fondling has the fondling conviction reversed, under the rule that multiple convictions cannot be imposed for the “same injurious consequences sustained by the same victim during a single confrontation.”