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| Hand v. State, No. 14A05-0605-CR-241,
COURT OF APPEALS OF INDIANA, March 28, 2007, Decided , March 28, 2007, Filed
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Overview: Evidence was insufficient to prove victim suffered serious bodily injury supporting felony battery conviction under Ind. Code § 35-42-2-1(a)(3). While victim had two black eyes and bruising in various places, there was no evidence regarding pain victim felt, victim did not have broken bones, and there was no evidence pain medication was taken.
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| Ind. Ins. Guar. Ass'n v. Bedford Reg'l Med. Ctr., No. 47S01-0609-CV-319,
SUPREME COURT OF INDIANA, March 28, 2007, Decided , March 28, 2007, Filed
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Overview: A trial court properly granted a medical center summary judgment on its claim seeking reimbursement from the Indiana Insurance Guaranty Association for lost wages paid to a deceased claimant as Ind. Code. § 27-6-8-7(a)(i)(1) included such wages and there was no reason to differentiate between a disabled and deceased claimant.
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| MJ Acquisitions, Inc. v. Tec Invs., LLC, No. 18A02-0608-CV-646,
COURT OF APPEALS OF INDIANA, March 28, 2007, Decided , March 28, 2007, Filed
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Overview: A trial court's order directing a county auditor to issue a tax deed was reversed where Ind. Code. § 6-1.1-24-7(a) (2004) required that the purchase price paid at a prior year tax sale be applied to taxes that had become due and owing from a reassessment, and thus, the property should not have been listed on the delinquency list.
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| Sial v. State, No. 71A04-0609-PC-502,
COURT OF APPEALS OF INDIANA, March 28, 2007, Decided , March 28, 2007, Filed
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Overview: Denial of appellant's post conviction relief motion was reversed because appellant's testimony that, if deported, he would have been forced either to leave his family behind or to uproot them, sufficiently established a reasonable probability that if counsel had advised appellant as to deportation consequences, he would not have pled guilty.
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| Nolan v. State, No. 63A05-0607-CR-365,
COURT OF APPEALS OF INDIANA, March 29, 2007, Decided , March 29, 2007, Filed
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Overview: For a victim to be "unaware" under Ind. Code § 35-42-4-2(a), it was not necessary that she be unconscious; the focus was on whether she could voluntarily consent. Thus, when defendant performed oral sex on the victim while she was half asleep, then moved to sexual intercourse, the jury could properly find that she was unaware of defendant's act.
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