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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Clark v. State, No. 48A04-1104-CR-249, __ N.E.2d __ (Ind. Ct. App., Dec. 5, 2011).

When probation is transferred to another county, the forty-five day filing deadline for a revocation in I.C. 35-38-2-3(a)(2)(B) begins when the receiving court with supervisory authority has notice of the violation, and not when the sentencing court first learns of the violation.

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Jones v. State, No. 34A05-1101-CR-66, __ N.E.2d __ (Ind. Ct. App., Dec. 5, 2011).

Police substantially complied with statute on destruction of hazardous chemicals so that photographs and other evidence of the chemicals was properly admitted at trial.

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