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Opinions Jan. 22, 2016

The following Indiana Supreme Court opinion was posted after IL deadline Thursday:
Antonio Garcia v. State of Indiana
49S05-1505-CR-335
Criminal. Affirms denial of Garcia’s motion to suppress the admission of a pill container found during a quick pat-down search following a lawful arrest. Opening the pill container, which had one narcotic pill for which Garcia did not have a valid prescription, during the course of the pat-down search incident to his arrest for driving without a valid driver’s license was a reasonable search under Article 1, Section 11 of the Indiana Constitution.

Justices: Officer could open container found after pat-down search

A police officer did not commit an unreasonable search when he opened a pill container found following a pat-down search after a man was lawfully placed under arrest for driving without a valid license. The Indiana Supreme Court upheld the search under the state constitution.

Proposal for cold medicine prescriptions being scaled back

An Indiana legislator is scaling back his proposal to require a doctor's prescription to buy cold medicines that contain pseudoephedrine as lawmakers look for ways to prevent methamphetamine makers from obtaining the drug.

Med-mal, administrative law reform bills set for hearing

A proposal to raise the cap on medical malpractice damages by $400,000, index future increases to inflation and make other reforms to the Indiana Medical Malpractice Act will be introduced to a Senate committee Monday.

COA agrees man’s Ohio convictions don’t support SVF charges

Because the elements of the Ohio residential burglary statute used as the basis to charge a defendant as a serious violent felon in Indiana are not substantially similar to the Indiana statute, the Indiana Court of Appeals affirmed dismissal of the defendant’s SVF charges.

Attorney urges jurors in house blast trial to keep open mind

An attorney for a man accused of murder and arson in a house explosion that killed two people urged jurors to keep an open mind despite emotional testimony they will hear during the trial expected to last more than a month.

Rental car insurance policy excludes UIM coverage

The Indiana Court of Appeals reversed the denial of an insurance company’s motion for summary judgment in a lawsuit brought by a customer injured in a car accident who had purchased optional supplemental liability protection when renting a car. The trial court incorrectly denied the company’s motion for summary judgment on the premise it did not provide uninsured or underinsured motorist coverage to the customer.

Opinions Jan. 21, 2016

Indiana Supreme Court
Kastin E. Slaybaugh v. State of Indiana
79S02-1601-CR-28
Criminal. Grants transfer to expressly adopt and incorporate by reference the Court of Appeals opinion in which it affirmed the denial of Slaybaugh’s motion for a mistrial. He alleged juror misconduct because a juror who had denied knowing the victim or her family was a “Facebook” friend with a relative of the victim. The juror testified she was a Realtor and had many “Facebook” friends for networking purposes and did not know the victim or her family, which the trial court accepted she was being truthful.

MLB settlement gives baseball fans new viewing options

Major League Baseball, Comcast Corp. and DirecTV agreed to settle a lawsuit brought by fans over how games are broadcast, a crack in the dam the league and pay TV have built against unrestrained viewing.

Emmis sues insurer over $4M in legal fees

Emmis Communications Corp. has filed breach-of-contract suit against a New York-based insurance company for refusing to cover any of the more than $4 million in legal fees the media company accumulated in a long-running court battle with preferred shareholders.