When defendant passenger testified that the driver was the dealer of the methamphetamine in a make-up bag next to her purse and that he threatened to hurt her and her children if she did not say the meth belonged to her, there was a “serious evidentiary dispute” as to whether defendant had intent to deal the meth, as charged, and it was reversible error not to instruct on the lesser included of possession of methamphetamine.
Testimony that a “child is not prone to exaggerate or fantasize about sexual matters” will no longer be allowed.
Search of probationer’s home was not truly conducted for probation reasons, and was an impermissible investigative search by police unsupported by reasonable suspicion of criminal activity.
“[A] signaling driver may owe a duty of care to a third party motorist as a matter of law when his actions result in the reasonable reliance by the signaled driver that traffic is clear.”
State ex rel. FSSA v. Est. of Roy, No. 33A04-1105-ES-24, ___ N.E.2d ___ (Ind. Ct. App., Feb. 28, 2012).
FSSA, a subdivision of the State, filed a valid lien against the property of a Medicaid recipient, had a preferred claim under Ind. Code 12-15-9-1, and was not required to file its claim within nine months of the death of the Medicaid recipient.