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| Carnes v. Estate of Carnes (In re Estate of Carnes), No. 90A02-0511-CV-1082,
COURT OF APPEALS OF INDIANA, February 28, 2007, Decided , February 28, 2007, Filed
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Overview: Son's unsuccessful appeal of order allowing his father's estate to sell property entitled the estate to appellate counsel fees under Ind. R. App. P. 66(E), as his baseless accusations and misrepresentations constituted substantive bad faith, and his flagrant disregard of Ind. R. App. P. 46's requirements for briefs amounted to procedural bad faith.
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| Denison Parking, Inc. v. Davis, No. 49A02-0602-CV-88,
COURT OF APPEALS OF INDIANA, February 28, 2007, Decided , February 28, 2007, Filed
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Overview: A parking garage operator was not liable when an alleged injured party fell on ice on a public sidewalk next to its facility because (1) it created no artificial condition causing the fall, (2) a municipal snow-removal ordinance created no duty to the alleged injured party, and (3) the operator assumed no duty by clearing snow from the sidewalk.
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| In re Commitment of A.W.D., No. 82A04-0609-CV-506,
COURT OF APPEALS OF INDIANA, February 28, 2007, Decided , February 28, 2007, Filed
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Overview: Trial judge did not err in conducting direct examination of patient where examination was not hostile and the questions did not demonstrate bias. Evidence that patient required structure and supervision to meet basic needs and to improve judgment regarding inappropriate sexual behaviors was sufficient to support order continuing regular commitment.
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| Ivy v. State, No. 40A01-0609-PC-417,
COURT OF APPEALS OF INDIANA, February 28, 2007, Decided , February 28, 2007, Filed
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Overview: When a prosecutor did not dismiss certain charges and death penalty requests, pursuant to a plea bargain, an inmate was not allowed to withdraw his guilty plea, under Ind. Code § 35-35-1-4(c)(4), because the trial court previously dismissed the charges and requests pursuant to his motion to dismiss, so he did not show required manifest injustice.
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| Keesling v. T.E.K. Partners, LLC, No. 18A02-0605-CV-411,
COURT OF APPEALS OF INDIANA, February 28, 2007, Decided , February 28, 2007, Filed
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Overview: Maker and guarantors were accommodation parties on a 1999 note under Ind. Code § 26-1-3.1-419. Because a second note was a material alteration of the 1999 note, and the alterations had occurred without the maker and guarantors' knowledge or consent, they were discharged from personal liability on the 1999 note and had no liability under the second.
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| McDonald v. State, No. 20A03-0605-CR-229,
COURT OF APPEALS OF INDIANA, February 28, 2007, Decided , February 28, 2007, Filed
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Overview: Challenge to sentencing statement presented no issue for appellate review. Effective sentence of 62 years for murder, conspiracy to commit murder, and criminal confinement with deadly weapon was appropriate. Recusal was not necessary where judge had previous professional contact with two of State's witnesses, with whom he had no social interaction.
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| Smith v. Ind. Dep't of Corr., No. 49A02-0602-CV-99,
COURT OF APPEALS OF INDIANA, February 28, 2007, Decided , February 28, 2007, Filed
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Overview: Inmate who sued the Indiana Department of Correction, alleging the conditions of his confinement in a disciplinary segregation unit violated his constitutional rights, was properly denied a preliminary injunction transferring him to a general housing unit, as he had an adequate remedy at law -- the filing of that lawsuit.
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| State v. Rucker, No. 15A01-0608-CR-337,
COURT OF APPEALS OF INDIANA, February 28, 2007, Decided , February 28, 2007, Filed
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Overview: When a search warrant and supporting affidavit were not filed with the court which issued the warrant for 15 days after the search was done, this was contrary to Ind. Code § 35-33-5-2(a), which required their filing before the search, so the warrant was not supported by oath or affirmation, as required by Ind. Const. art. I, § 11, and was illegal.
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| West Am. Ins. Co. v. Cates, No. 42A01-0601-CV-26,
COURT OF APPEALS OF INDIANA, February 28, 2007, Decided , February 28, 2007, Filed
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Overview: Insurance company's summary judgment motion was properly denied in representative's claim for UM/UIM coverage because it was not entitled to setoffs for money received by representative from tortfeasor's insurers and manufacturer under circumstances in which it waited for over four years rather than timely fulfill its policy obligations.
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| Widduck v. State, No. 49A02-0603-CR-189,
COURT OF APPEALS OF INDIANA, February 28, 2007, Decided , February 28, 2007, Filed
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Overview: An inventory search of a vehicle impounded under Ind. Code § 9-18-2-43(a) (2004) because the driver had no registration or plates was not unreasonable because the driver was allowed to leave in the vehicle, as there were no indicia of pretext or subterfuge for general rummaging, so paraphernalia found where a passenger was sitting was admissible.
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