Self-represented parties in small claims court do not forfeit the generic exemption statute and the Social Security exemptions even if the litigants do not know enough to plead them; even if an information of contempt has not been filed, a court does not err when it orders a party to return for status checks a limited number of times; orders to seek employment or to seek better employment are not a proper part of a proceeding supplemental.
Supreme
Howard Regional Health System v. Gordon, No. 34S02-1009-CV-476, __ N.E.2d __ (Ind., Aug. 10, 2011).
Claim against hospital for loss of childbirth records was one for medical malpractice. Health records maintenance statutes do not confer a private right of action for loss of records. Parents have no independent action for spoliation against the hospital.
Carpenter v. State, No. 49S02-1104-CR-198, __ N.E.2d __ (Ind., July 21, 2011)
“A complete review of Carpenter’s criminal history reveals that—although ample in number and clearly a recidivist—his crimes are of the type where a forty-year sentence is inappropriate.”
Lewis v. State, No. 49S02-1010-CR-00619, __ N.E.2d __ (Ind., July 11, 2011).
There was no search when the traffic stop officer “needed to speak with the passenger and lowered his head down to her level” and, “[i]n the process, . . . saw a gun that was plainly visible between the driver’s seat and center console.”
Lemmon V. Harris, No. 52S02-1011-CV-642, __ N.E.2d __ (Ind., June 28, 2011)
1994 sex offender’s transformation “by operation of law” into sexually violent predator under 2007 legislation did not violate Indiana ex post facto protections or Indiana separation of powers provision.