Evidence that the defendant did not offer his hands behind his back to be cuffed was not sufficient to prove he forcibly resisted law enforcement.
Supreme
Butler v. Indiana Dep't of Ins., No. 49S05-0805-CV-216, ___ N.E.2d ___ (Ind., Apr. 7, 2009)
Under Ind. Code § 34-23-1-2 (1999) on the wrongful death of unmarried adults with no dependents, if medical providers issue statements of charges for health care services but thereafter accept a reduced amount in full satisfaction of the charges due to contractual arrangements with the patient’s health insurers, Medicare, or Medicaid, the amount recoverable for reasonable medical and hospital expenses necessitated by the alleged wrongful conduct is the total amount ultimately accepted after such contractual adjustments, not the total of charges billed.
In re Adoption of Infants H, No. 29S02-0904-CV-140, ___ N.E.2d ___ (Ind., Apr. 8, 2009)
Supreme Court reversed trial court’s final adoption order, because it was improper to waive various legislative safeguards designed to protect infants who are proposed for adoption, including the Interstate Compact on the Placement of Children.
Gray v. State, No. 10S01-0808-CR-476, __ N.E.2d __ (Ind., Mar. 31, 2009)
Defendant’s behavior and statements at the two separate robberies were sufficient, without more, to prove that he had a “gun” in his pocket, but his apprehension immediately after the second robbery with only an electric shaver in his pocket precluded an “armed” enhancement for that robbery.
Estate of Mintz v. Connecticut General Life Ins. Co., No. 49S05-0805-CV-214, ___ N.E.2d ___ (Ind., Mar. 25, 2009)
Proximate cause, comparative fault allocation, and whether (and to what extent) defendant acted as a “reasonably prudent person” are questions of fact for the fact-finder to resolve.