Holder of a power of attorney who uses the power to create joint survivor accounts acts as a fiduciary whose right in the accounts is presumed invalid. Mere filing with the court of a deposition of a person incompetent under the Dead Man Statute does not waive the Statute’s prohibition of the deposition’s use as evidence.
T. Boehm
Eads v. Community Hosps., No. 45S03-1001-CV-33, ___ N.E.2d ___ (Ind., Sept. 1, 2010)
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.
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.
League of Women Voters of Indiana v. Rokita, No. 49S02-1001-CV-50, ___ N.E.2d ___ (Ind., June 30, 2010)
Indiana Voter ID Law does not, on its face, contravene Article 2, Section 2 (on electors’ qualifications) or Article 1, Section 23 (on equal privileges and immunities) of the Indiana Constitution.
Whatley v. State, No. 49S02-0908-CR-379, __ N.E.2d __ (Ind., June 8, 2010)
Church with an active youth program was a “youth program center” for purposes of drug offense enhancement.