Westmoreland v. State, No. 49A04-1107-CR-356, __ N.E.2d __ (Ind. Ct. App., April 17, 2012).

Applies U.S. Supreme Court ruling that police may not pat down a vehicle passenger during a routine traffic stop unless they reasonably believe he is armed and dangerous.

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Ceaser v. State, No. 49A02-1106-CR-580, __ N.E.2d __ (Ind. Ct. App., Mar. 26, 2012).

When a parent is asserting parental privilege, evidence of a prior conviction for battering the child at issue in a manner similar to the circumstance at issue is admissible as that evidence goes directly to the reasonableness of the force used and the reasonableness of that parent’s belief regarding the force used.

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Key v. Hamilton, No. 48A02-1007-CT-81, ___ N.E.2d ___ (Ind. Ct. App., Feb. 28, 2012).

“[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.”

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In re Ind. Newspapers, Inc., No. 49A02-1103-PL-23, ___ N.E.2d ___ (Ind. Ct. App., Feb. 21, 2012).

Regarding whether a non-party news organization can be compelled to disclose in a defamation lawsuit the identity of an anonymous commenter, the Court of Appeals adopts a modified Dendrite test requiring the plaintiff to produce prima facie evidence to support only those elements of the cause of action that are not dependent on the commenter’s identity.

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Heaton v. State, No. 48A02-1104-CR-404, __ N.E.2d __ (Ind. Ct. App., Dec. 28, 2011).

In a probation revocation, the trial court must apply the preponderance standard in determining whether a new offense was committed; points out that a line of Court of Appeals decisions saying probable cause is the standard failed to note the 1983 statutory change requiring preponderance.

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