Suggests a modification to Pattern Jury Instruction 9.05 on the definition of “intentionally.”
M. Barnes
Gaines v. State, No. 49A04-1303-CR-123, __ N.E.2d __ (Ind. Ct. App., Dec. 20, 2013).
Return of service for an ex parte protective order was not “testimonial” so that its admission as evidence did not violate the defendant’s Sixth Amendment Confrontation Clause right.
Estate of Mayer v. Lax, Inc., No. 37A03-1207-PL-323, __ N.E.2d __ (Ind. Ct. App., Oct. 7, 2013).
-Termination of a cause of action against an alleged agent-tortfeasor because of death does not require termination of a cause of action against the agent’s principal.
-Punitive damages should not be imposed against a corporation strictly on the basis of respondeat superior for an employee’s misconduct; there must be evidence of positive or collusive action by the employer.
Morris v. State, No. 14A05-1209-CR-495, __ N.E.2d __ (Ind. Ct. App., Aug. 23, 2013).
A trial court may order restitution in a case in which there is a plea bargain silent on the restitution issue as long as the bargain is “open” and leaves sentencing entirely to the court’s discretion.
Johnson v. State, No. 49A02-1301-CR-28, __ N.E.2d __ (Ind. Ct. App., Aug. 20, 2013).
Rejects arguments that traffic stop, based on officer’s belief vehicle was in violation of the Window Tint Statute, was illegal under the Indiana Constitution or violated an implicit prohibition in the Statute itself of “unbridled discretion” for police to pull over vehicles with window tint.