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| Bryant v. State, No. 48S04-0602-CR-00040,
SUPREME COURT OF INDIANA, February 8, 2006, Decided , February 8, 2006, Filed
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Overview: Aggravator, that defendant had lain in wait, could not support a sentencing enhancement for armed robbery and criminal confinement; it increased defendant's sentence beyond statutory maximum and was not found by jury beyond reasonable doubt, and aggravator defendant had lain in wait was precisely sort of "fact" with which Blakely concerned itself.
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| Heaton & Eadie Prof'l Servs. Corp. v. Corneal Consultants of Ind., P.C., No. 49A02-0502-CV-148,
COURT OF APPEALS OF INDIANA, SECOND DISTRICT, February 8, 2006, Decided , February 8, 2006, Filed
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Overview: Court erred in denying accounting firm's summary judgment pursuant to Ind. Code § 25-2.1-15-1 as medical company's suit claiming negligence and breach of contract was not brought within one year of its discovery of the firm's acts, but, the court did not err in denying summary judgment on the breach of fiduciary duty and constructive fraud claims.
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| McDillon v. N. Ind. Pub. Serv. Co., No. 45S04-0412-CV-528,
SUPREME COURT OF INDIANA, February 8, 2006, Decided , February 8, 2006, Filed
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Overview: Demand for jury trial was timely filed pursuant to Ind. R. Trial P. 5(F), but Indiana Supreme Court held Ind. R. Trial P. 6(E) applied when party had right or was required act in prescribed period after service of notice or other paper and did not extend periods triggered by mere entry of an order or happening of event other than service of notice.
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| Rivera v. State, No. 57A03-0506-CR-307,
COURT OF APPEALS OF INDIANA, THIRD DISTRICT, February 8, 2006, Decided , February 8, 2006, Filed
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Overview: Under Ind. Code § 35-48-4-1, defendant's 10-year sentence for a Class B felony for dealing in methamphetamine was appropriate because, although he sold an undercover police officer 970.8 grams of methamphetamine, he lacked a criminal history. Also, by pleading guilty to fixed term of 10 years, he impliedly agreed that the sentence was appropriate.
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| Swami, Inc. v. Lee, No. 02A05-0509-CV-516,
COURT OF APPEALS OF INDIANA, FIFTH DISTRICT, February 8, 2006, Decided , February 8, 2006, Filed
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Overview: Corporation was not entitled to equitable relief from tax sale as it did not demonstrate sale was unlawful under Ind. Code § 6-1.1-25-16 and because it did not keep tax auditor informed of its change of address. Claim for challenging tax deed was not available under Ind. R. Trial P. 60(B) and statute did not violate Ind. Const. art. I, §§ 12 or 21.
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| Eryk-Midamco Co. v. Bank One, N.A., No. 49A02-0505-CV-417,
COURT OF APPEALS OF INDIANA, SECOND DISTRICT, February 10, 2006, Decided , February 10, 2006, Filed
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Overview: In an action for conversion, where a bank failed to object to a receiver's final report that omitted any mention of the disputed funds, the bank was forever barred under Ind. Code § 32-30-5-18(b) as a matter of law from bringing its conversion claim against defendants.
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| Gray v. State, No. 49A05-0505-PC-272,
COURT OF APPEALS OF INDIANA, FIFTH DISTRICT, February 10, 2006, Decided , February 10, 2006, Filed
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Overview: In a murder case, appellant was entitled to post-conviction relief on the ground of ineffective assistance of appellate counsel because counsel should have argued that the trial court abused its discretion under Ind. Code § 35-34-1-11(a) in denying severance of a charge of unlawful possession of a firearm by a serious violent felon.
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| Ind. State Bd. of Health Facility Adm'rs v. Werner, No. 49A02-0505-CV-375,
COURT OF APPEALS OF INDIANA, SECOND DISTRICT, February 10, 2006, Decided , February 10, 2006, Filed
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Overview: Failure to file timely file administrative record required by Ind. Code § 4-21.5-5.13(b) precluded trial court's jurisdiction under Ind. Code § 4-21.5-5-2 over particular case, but did not affect subject matter jurisdiction and defect was waived; entitlement to relief under Ind. Code § 4-21.5-5-14(d) was shown, but remand was appropriate remedy.
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| Riley v. Clark (In re D.L.Y.R.), No. 02A03-0509-JV-415,
COURT OF APPEALS OF INDIANA, THIRD DISTRICT, February 10, 2006, Decided , February 10, 2006, Filed
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Overview: Since Ind. Code § 31-16-15-19 explicitly authorized withholding of child support arrearages from obligor parents' paychecks, including bonuses, trial court's limitation of withholding that did not take bonuses into account was erroneous.
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| Sullivan v. Allstate Ins. Co. (In re Estate of Sullivan), No. 49A04-0508-CV-495,
COURT OF APPEALS OF INDIANA, FOURTH DISTRICT, February 10, 2006, Decided , February 10, 2006, Filed
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Overview: Insurer did not have obligation to defend suit brought against insured arising out of accident involving insured's car in which insured was riding as passenger. Policy covered auto "used" by insured. "Use" meant to drive, operate, or direct vehicle, and evidence showed that insured did not provide directions to driver and, thus, did not direct car.
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