Plea agreement to comply with “the statutory requirements of registering . . . as a sex offender,” when there were no such requirements at the time of conviction, could not justify ex post facto application during probation of subsequently-enacted registration obligation.
M. May
Howard Regional Health System v. Gordon, No. 34A02-0902-CV-179, __ N.E.2d __ (Ind. Ct. App., Apr. 16, 2010)
Claim for third-party spoliation of evidence against hospital was not subject to Medical Malpractice Act procedures.
Washington v. State, No. 49A02-0907-CR-649, __ N.E.2d __ (Ind. Ct. App., Mar. 4, 2010)
Warrantless search of vehicle during infraction stop to find a handgun which driver admitted he had and for which he possessed a valid permit violated the Fourth Amendment when the officer lacked an articulable basis of concern for officer safety.
Tharp v. State, No. 49A02-0905-CR-394, __ N.E.2D __ (Ind. Ct. App., Feb. 18, 2010)
Evidence the protected person or another layperson told the defendant there was a protective order against him does not suffice to prove the protective order knowledge element in the invasion of privacy offense.
Nunley v. State, No. 31A01-0902-CR-88, __ N.E.2d __ (Ind. Ct. App., Nov. 16, 2009)
Child’s statement did not have sufficient indicia of reliability to be admissible under the protected persons statute.