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   State Courts - Indiana - March 13 - March 16, 2007

  
Salyers v. State, No. 20S00-0509-CR-412, SUPREME COURT OF INDIANA, March 13, 2007, Decided , March 13, 2007, Filed
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Overview: Sentence of life without parole was not error because, although defendant pled guilty but mentally ill to murdering policeman, trial court properly placed great weight on aggravator of murdering law enforcement officer under Ind. Code § 35-50-2-9(b)(6), and minimal weight to mitigators of defendant's mental illness and lack of criminal record.

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Smith v. Toney, No. 94S00-0602-CQ-48, SUPREME COURT OF INDIANA, March 13, 2007, Decided , March 13, 2007, Filed
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Overview: Upon certification of questions from a federal court, the state supreme court determined that for purposes of the Groves test for negligent infliction of emotional distress, a fiance was not an analogous relationship to marriage, and that the proximity requirement was a matter of both time and circumstances.

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Snow v. England, No. 03S05-0608-CV-293, SUPREME COURT OF INDIANA, March 13, 2007, Decided , March 13, 2007, Filed
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Overview: Husband's motion to modify provision of property settlement agreement under which husband agreed to pay money to wife for support of wife's grandson should have been dismissed because Ind. Code § 31-15-2-17(a)(3) permitted support provision only for children of parties, and provision was not modifiable as maintenance or property division.

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Graves v. Johnson, No. 34A02-0607-CV-563, COURT OF APPEALS OF INDIANA, March 16, 2007, Decided , March 16, 2007, Filed
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Overview: Summary judgment for insurer on owners' claim for money under insurance claim was proper because insurer had tendered to tenants a check for the claim payable to tenants' business and an owner. Under Ind. Code § 26-1-3.1-310(b)(1), this suspended obligation, despite fact that tenants allegedly forged owner's endorsement and embezzled the funds.

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Ind. Patient's Comp. Fund v. Butcher, No. 49A02-0603-CV-223, COURT OF APPEALS OF INDIANA, March 16, 2007, Decided , March 16, 2007, Filed
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Overview: Evidence did not support the finding that pregnant patient sustained physical injuries as result of negligence of doctor or community hospital, as patient would have had to undergo emergency surgery even if not transported to second hospital and there was no evidence that the extensive scarring and painful recovery were caused by the malpractice.

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Ind. Patient's Comp. Fund v. Winkle, No. 49A05-0511-CV-653, COURT OF APPEALS OF INDIANA, March 16, 2007, Decided , March 16, 2007, Filed
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Overview: Although emotional distress suffered was the result of the injury to the unborn child and not patient, plaintiff were not entitled to separate damages cap because nature of injury was derivative and thus, recovery was limited. Plaintiffs were not entitled to additional caps for claims as unborn child was not "patient" from whom claims could derive.

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Schuler v. Graf, No. 15A01-0604-CV-155, COURT OF APPEALS OF INDIANA, March 16, 2007, Decided , March 16, 2007, Filed
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Overview: Judgment was affirmed as contract's legal description satisfied Indiana Statute of Frauds as contract provided that parties had agreed on boundaries, which furnished means of identification and satisfied Statute of Frauds. Parol evidence was properly admitted to complete legal description, which proved that parties agreed on boundaries.

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Turner v. State, No. 29A02-0603-CR-199, COURT OF APPEALS OF INDIANA, March 16, 2007, Decided , March 16, 2007, Filed
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Overview: Evidence gathered at scene of traffic stop and defendant's statement to police should not have been admitted pursuant to Ind. Const. art. I, § 11 because stop was pretextual, officer who conducted the stop for speeding was unsure of posted speed limit, and connection between illegal stop and defendant's confession was not sufficiently attenuated.

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