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| Ashbaugh v. Horvath, No. 71A03-0604-CV-156,
COURT OF APPEALS OF INDIANA, January 17, 2007, Decided , January 17, 2007, Filed
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Overview: Property sellers were entitled to summary judgment in a realtor's breach of contract action to recover a broker's commission when buyers did not exercise their option to purchase the property within twelve months, which was a requirement for the realtor to earn a commission. The buyers purchased the property through a different contract.
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| Brown v. State, No. 49A02-0604-CR-317,
COURT OF APPEALS OF INDIANA, January 17, 2007, Decided , January 17, 2007, Filed
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Overview: Because defendant's statements to his fiance asking her not to testify, contained no declarations of consequences or threats that would follow for failure to comply with his request as required by Ind. Code § 35-44-3-4, the evidence was not sufficient to support his conviction for attempted obstruction of justice.
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| Carneal v. State, No. 53A01-0604-CR-142,
COURT OF APPEALS OF INDIANA, January 17, 2007, Decided , January 17, 2007, Filed
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Overview: In revoking defendant's probation, because the court in Indiana was imposing sentence for the crime that defendant committed in Indiana, and it was not responsible for crediting time for a separate crime committed in Illinois, and it was not a party to the Illinois plea agreement, it did not have to credit defendant's Illinois sentence.
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| Jones v. State, No. 49A02-0512-CR-1196,
COURT OF APPEALS OF INDIANA, January 17, 2007, Decided , January 17, 2007, Filed
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Overview: While a trial court's statement was ambiguous where it stated that the State's reason for excluding at least one of the two jurors was race-neutral, the appellate court could not say that the trial court's ruling was clearly erroneous as each of the reasons given by the State appeared neutral on its face.
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| Moreton v. Auto-Owners Ins., No. 49A05-0602-CV-60,
COURT OF APPEALS OF INDIANA, January 17, 2007, Decided , January 17, 2007, Filed
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Overview: Insureds' claim in a small claims case against a contractor was for damages not covered by an insurance policy, and thus the judgment in that case did not act as res judicata under Ind. Small Cl. R. 11(F) in the insurer's separate subrogation suit against the contractors seeking to recover amounts paid to the insureds under the policy.
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| Myers v. Elkhart Cmty. Sch., No. 20A03-0605-CV-207,
COURT OF APPEALS OF INDIANA, January 17, 2007, Decided , January 17, 2007, Filed
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Overview: Because employee's contract stated was that she was employed as "Administrator," school corporation did not trigger Ind. Code § 20-28-8-3 notice provisions when it reassigned employee from her position as school principal to an administrative position. Also, employee suffered no monetary damages, and was not entitled to injunctive relief.
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| Scott v. Irmeger, No. 08A04-0603-CV-121,
COURT OF APPEALS OF INDIANA, January 17, 2007, Decided , January 17, 2007, Filed
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Overview: Although insurer paid fees on defendant's behalf in negligence action, pursuant to statutory purpose and public policy of qualified settlement offer statute, Ind. Code § 34-50-1-6, defendant was properly awarded fees upon plaintiff's rejection of settlement offer and an adverse judgment because defendant in fact incurred legal obligation for fees.
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| Shuger v. State, No. 64A03-0509-CR-456,
COURT OF APPEALS OF INDIANA, January 17, 2007, Decided , January 17, 2007, Filed
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Overview: Hunter Harassment Act did not violate the First Amendment. It was content-neutral and narrowly tailored to prevent speech only in hunting areas that was intended to disturb game and impede their lawful taking; it was not overbroad in that it imposed only time, place, and manner restrictions; and it was not vague because of its scienter requirement.
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| State v. Lucas, No. 73A01-0512-CR-570,
COURT OF APPEALS OF INDIANA, January 17, 2007, Decided , January 17, 2007, Filed
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Overview: Defendants had standing to contest the seizure of a locked metal box found in a stolen vehicle in which they were arrested, and, under the Fourth Amendment and Ind. Const. art. I, § 11, evidence from the box was properly suppressed because police procedures on locked containers were vague and police could have obtained a warrant to search the box.
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| Timberlake v. State, Supreme Court Cause No. 49S00-0606-SD-235,
SUPREME COURT OF INDIANA, January 17, 2007, Decided , January 17, 2007, Filed
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Overview: As AEDPA would preclude federal habeas relief to insane inmate if a case pending before U.S. Supreme Court held that U.S. Const. amend. VIII barred the execution of the mentally ill, the court granted inmate's petition for a stay of execution. The harm in granting the stay was minimal compared to the harm of executing the inmate if the law changed.
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