Because the trial court’s order was not a final appealable judgment, the Indiana Supreme Court has no subject matter jurisdiction to hear an appeal on the trial court’s order denying medical malpractice defendants’ request for a preliminary determination and requesting dismissal due to the plaintiff’s dilatory conduct.
Supreme
Renzulli v. State, No. 32S04-1102-CR-117, __ N.E.2d __ (Ind., Dec. 29,2011).
Circumstances sufficiently corroborated concerned citizen’s tip of a possibly intoxicated driver to support an investigative stop.
State v. Economic Freedom Fund, No. 07S00-1008-MI-411, ___ N.E.2d ___ (Ind., Dec. 29, 2011).
The First Amendment claim against the Indiana Autodialer Law by an entity that uses an automated dialing device to deliver prerecorded political messages would likely fail; further, there is no reasonable likelihood of success on the merits of the entity’s claim that the Autodialer Law’s live-operator requirement materially burdens its right to engage in political speech in violation of the state constitution.
Snyder v. King, No. 94S00-1101-CQ-5, ___ N.E.2d ___ (Ind., Dec. 15, 2011).
Misdemeanor battery is not an “infamous crime” for the purpose of Article II, § 8, of the Indiana Constitution, which authorizes the General Assembly to disenfranchise “any person convicted of an infamous crime”; additionally, the General Assembly has separate constitutional authority to cancel the registration of any person incarcerated following conviction, for the duration of incarceration.
Spangler v. Bechtel, No. 49S05-1012-CV-70, ___ N.E.2d ___ (Ind., Dec. 13, 2011).
“[P]arents’ separate actions seeking damages for emotional distress from experiencing the
stillbirth of their child are not barred by the Indiana Child Wrongful Death Act or the Indiana
Medical Malpractice Act.”