Where patient as injured leaving hospital, and the medical malpractice limitations period expired before the trial court dismissed her general negligence complaint for failure to comply with the Medical Malpractice Act, her medical malpractice action alleging the same facts as the dismissed complaint may be deemed a continuation of the first complaint for purposes of the Journey’s Account Statute.
Supreme
Everling v. State, No. 48S05-0911-CR-506, __ N.E.2d __ (Ind., July 8, 2010)
Judge’s overall conduct during trial demonstrated reversible bias.
Sample v. State, No. 45S03-1006-CR-338, __ N.E.2d __ (Ind., June 30, 2010)
Error in habitual offender instruction that jury “must” find habitual status if it finds priors proven was compounded, not avoided, by a “law and the facts” instruction which told jury the instructions were its “best source in determining what the law is.”
Duran v. State, No. 45S03-0910-CR-430, __ N.E.2d __ (Ind., June 30, 2010)
An arrest warrant confers limited authority to enter a dwelling in which the suspect lives when there is reason to believe the suspect is within; when police knew only the building in which the suspect lived, an anonymous bystander’s direction to a specific apartment was not sufficiently reliable to confer the required “reason to believe” for a forced entry.
Wilson v. Isaacs, No. 09S05-1003-CV-149, ___ N.E.2d ___ (Ind., June 28, 2010)
A law enforcement officer’s use of force in excess of the reasonable force authorized by statute is not shielded from liability under the “enforcement of a law” immunity provided in Indiana Code § 34-13-3-3(8).