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| Nelson v. State, No. 12A02-0503-CR-229,
COURT OF APPEALS OF INDIANA, SECOND DISTRICT, January 20, 2006, Decided
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Overview: While a court had reversed its prior ruling and held that Ind. Code § 9-26-1-1 required motorist to stop at an accident scene regardless of whether physical contact was made with another vehicle or person, the ruling constituted a significant change in the interpretation of the law, and it should not have been given retroactive effect to defendant.
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| Thomas v. State, No. 29A05-0501-CR-29,
COURT OF APPEALS OF INDIANA, FIFTH DISTRICT, January 20, 2006, Decided
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Overview: Where defendant's criminal history was an aggravating circumstance that was not of substantial weight, and the aggravating circumstance that he stood in loco parentis to his victim violated defendant's Fifth and Sixth Amendment rights, there was not sufficient support for imposing enhanced sentences.
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| City of Vincennes v. Emmons, No. 42S02-0504-CV-131,
SUPREME COURT OF INDIANA, January 25, 2006, Decided
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Overview: Warrantless inspections of commercial property by a city's rental housing inspector were held constitutional under the Fourth Amendment so long as the landlord did not occupy the premises or keep personal effects in an unoccupied area.
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| Ind. Ins. Guar. Ass'n v. Bedford Reg'l Med. Ctr., No. 47A01-0412-CV-504,
COURT OF APPEALS OF INDIANA, FIRST DISTRICT, January 26, 2006, Decided
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Overview: Summary judgment granted to medical center was error on its contention that an estate's claim for lost wages in an underlying medical malpractice action against the medical center was a covered claim under Ind. Code § 27-6-8-1 et seq.; that law limited coverage to amounts actually lost and did not include estate's claim for deceased's lost wages.
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| Everette v. Everette, No. 79A02-0503-CV-208,
COURT OF APPEALS OF INDIANA, SECOND DISTRICT, January 27, 2006, Decided
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Overview: Trial court's divorce decree was improper in attempting to set over part of husband's retirement fund account to wife through a Qualified Domestic Relations Order; Ind. Code § 5-10.3-8-9 provided that all benefits, refunds of contributions, and money in a retirement fund were exempt from levy, sale, garnishment, attachment, or other legal process.
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| J.D. v. State, No. 49A02-0506-JV-575,
COURT OF APPEALS OF INDIANA, SECOND DISTRICT, January 27, 2006, Decided
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Overview: Since Ind. Code § 35-45-1-3 restricted a juvenile's expressive activity under Ind. Const. art. 1, § 9 and the content of her speech was a commentary on government action as her comments were largely an objection to the rules of a guardian home, she should not have been adjudicated a delinquent child for committing disorderly conduct.
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