Cynthia Welch v. Shawn D. Young, et al., No. 79A02-1012-CT-1407, ___ N.E.2d ___ (Ind. Ct. App., Aug. 4, 2011).

The Pfenning standard is applicable in the case of a mother hit in the knee by a youth baseball team member warming up, and to apply the Pfenning standard the Court must examine the actions of the alleged tortfeasor to determine if “the conduct of [the] participant” is within the “range of ordinary behavior of participants in the sport.”

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Randolph v. Buss, No. 33A04-1010-MI-684, __ N.E.2d __ (Ind. Ct. App., July 26, 2011).

Legislature intended that inmate’s left-over educational credit time after his release on parole would not still be available to him when his parole was revoked and he returned to prison.

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Lock v. State, No. 35A04-1010-CR-641, __ N.E.2d __ (Ind. Ct. App., July 26, 2011).

Evidence defendant’s motorcycle was going 43 miles per hour did not prove its “maximum design speed” was 25 miles per hour or more, a “design speed” the State had to prove in order to show defendant was operating a “motor vehicle” rather than a “motorized bicycle” so that defendant was guilty of driving while suspended.

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Cottingham v. State, No. 06A01-1008-CR-431, __ N.E.2d __ (Ind. Ct. App., July 19, 2011).

2010 amendment of I.C. 35-38-2.6-6 providing for “credit time” for community corrections home detention is ameliorative and required credit for home detention served prior to the amendment when probation was revoked after effective date.

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Foster v. State, No. 02A03-1010-CR-596, __ N.E.2d __ (Ind. Ct. App., June 10, 2011)

Police had probable cause to believe contraband was in the residence, but a warrantless search violated the Indiana Constitution when “[t]wenty-one days had elapsed since the controlled buy, and there [wa]s no evidence that exigent circumstances called for an immediate arrest.”

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