Fourth Amendment permits a reasonably conducted warrantless search of a probationer’s property supported by a probation search term and a reasonable suspicion of criminal activity.
Supreme
Dowell v. State, No. 32S01–1003–PC–136, __ N.E.2d __ (Ind., Mar. 10, 2010)
Expressly adopts “prison mailbox rule” for filings under the appellate rules, but as filing of motion to correct error is subject to the Trial Rules the prisoner’s use of regular mail, rather than registered or certified mail, meant the motion was not filed until received by clerk and here was untimely.
King v. State, No. 49S04-0911-CR-507, __ N.E.2d __ (Ind., Mar. 2, 2010)
Holds that the crime of attempted dissemination of matter harmful to minors can be committed when the harmful matter is sent to a police officer posing as a minor.
Sibbing v. Cave, No. 49S02-0906-CV-00275, __ N.E.2d __ (Ind., Mar. 4, 2010)
Evidence Rule 803(4)’s hearsay exception for statements made for purposes of medical diagnosis or treatment applies only to patients’ statements, not to statements of physicians concerning diagnosis or treatment. Holds that recovery of medical expenses requires that “the treatment claimed must be necessary in the sense that it proximately resulted from the wrongful conduct,” and also holds that the “scope of liability” component of proximate cause allows recovery for “necessary” medical treatment even when the result of misdiagnosis or negligent administration.
Griffin v. State, No. 71S03-0907-CR-333, __ N.E.2d __ (Ind., Feb. 23, 2010)
Addresses the meaning of “briefly” in the drug crime enhancement “defense” that defendant was only “briefly” within one thousand feet of a school, park, etc..