“[A] signaling driver may owe a duty of care to a third party motorist as a matter of law when his actions result in the reasonable reliance by the signaled driver that traffic is clear.”
N. Vaidik
In re Ind. Newspapers, Inc., No. 49A02-1103-PL-23, ___ N.E.2d ___ (Ind. Ct. App., Feb. 21, 2012).
Regarding whether a non-party news organization can be compelled to disclose in a defamation lawsuit the identity of an anonymous commenter, the Court of Appeals adopts a modified Dendrite test requiring the plaintiff to produce prima facie evidence to support only those elements of the cause of action that are not dependent on the commenter’s identity.
Heaton v. State, No. 48A02-1104-CR-404, __ N.E.2d __ (Ind. Ct. App., Dec. 28, 2011).
In a probation revocation, the trial court must apply the preponderance standard in determining whether a new offense was committed; points out that a line of Court of Appeals decisions saying probable cause is the standard failed to note the 1983 statutory change requiring preponderance.
Clark v. State, No. 48A04-1104-CR-249, __ N.E.2d __ (Ind. Ct. App., Dec. 5, 2011).
When probation is transferred to another county, the forty-five day filing deadline for a revocation in I.C. 35-38-2-3(a)(2)(B) begins when the receiving court with supervisory authority has notice of the violation, and not when the sentencing court first learns of the violation.
Jones v. State, No. 34A05-1101-CR-66, __ N.E.2d __ (Ind. Ct. App., Dec. 5, 2011).
Police substantially complied with statute on destruction of hazardous chemicals so that photographs and other evidence of the chemicals was properly admitted at trial.