When defendant made a left turn onto a four-lane road, traffic statute did not require that the turn be into the lane closes to the center line, and officer’s mistake-of-law belief that defendant committed an infraction did not save the ensuing search under the “good faith” doctrine.
P. Sullivan
Commitment of G, No. 33A01-1006-MH-325, __ N.E.2d __ (Ind. Ct. App., Dec. 13, 2010)
Evidence did not support commitment on the basis ordered but, as it was sufficient for commitment on an alternative basis, case is remanded for a review proceeding).
Indiana Dept. of Ins. v. Everhart, No. 84A01-0912-CV-614, ___ N.E.2d ___ (Ind. Ct. App., July 21, 2010)
Trial court erred by awarding full damages rather than damages in proportion to the increased risk of harm resulting from medical malpractice.
Brogan v. State, No. 57A04-0910-CR-592, __ N.E.2d __ (Ind. Ct. App., May 6, 2010)
When sentence for sex offense was completely served, and original sentencing order did not require sex offender registration, and offender was imprisoned in another county for an unrelated offense when he filed his “motion” under sex offense cause number to be relieved of statute-imposed registration duty on ex post facto grounds, the sex offense court was not the appropriate forum for the registration challenge.
Whatley v. State, No. 49A02-0809-CR-808, __ N.E.2d __ (Ind. Ct. App., May 21, 2009)
Fact church was used for some secular activities, such as Girl Scouts, did not change it into a “youth program facility” “drug free zone” supporting enhancement of cocaine sentence.