Wood v. State, No. 53A05-1208-CR-423 , __ N.E.2d __ (Ind. Ct. App., Dec. 31, 2013).

Criminal Rule 4(C)’s one year period did not include the time required for the Indiana Supreme Court to appoint a special judge following withdrawal of a case from the trial judge pursuant to Criminal Rule 15 and Trial Rule 53.1. Affirms conviction for violating IC 14-15-4-1 on duties of a boat operator after a collision, but observes the “problematic” statute “permits no consideration of what is reasonable in any given emergency situation; nor does it permit citizens to engage in any balancing of considerations that arise in typical emergencies and are likely required by other statutes.”

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Ind. Patient’s Compensation Fund v. Holcomb, No. 49A05-1207-CC-340, __ N.E.2d __ (Ind. Ct. App., Nov. 27, 2013).

Ind. Code § 34-18-18-1’s limitation that plaintiff’s attorney’s fees from any award made from the patient’s compensation fund may not exceed fifteen percent (15%) of any recovery from the fund does not apply to the assessment of damages caused by the tortfeasor or the calculation of excess damages of any type from the fund.

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In re Adoption of P.A.H, No. 79A02-1302-AD-183, __ N.E.2d __, (Ind. Ct. App., July 30, 2013).

Trial court lacked authority to grant post-adoption visitation rights to child’s biological uncle.

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Piatek v. Beale, No. 49A04-1209-CT-448, __ N.E.2d __ (Ind. Ct. App., May 20, 2013).

A reference made during a trial to “pleading the Fifth” is not an admission of a crime and alone is not grounds for a mistrial.

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Keck v. State, , __N.E.2d __ (Ind. Ct. App., Apr. 24, 2013).

Affirms trial judge’s conclusion that poor county road conditions made driving left-of-center necessary so that officer did not have a reasonable suspicion for stopping motorist driving on the left.

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