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| Buggs v. State, No. 49A02-0504-CR-316,
COURT OF APPEALS OF INDIANA, SECOND DISTRICT, March 23, 2006, Decided , March 23, 2006, Filed
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Overview: Double jeopardy principles did not bar retrial on murder and attempted robbery after acquittal of felony murder as, inter alia, acquittal did not require jury to find underlying felony was not proven. However, evidence was insufficient to sustain attempted robbery conviction as robbery required victim be in fear and victim was dead at time.
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| Matteson v. Citizens Ins. Co. of Am., No. 02A03-0508-CV-371,
COURT OF APPEALS OF INDIANA, THIRD DISTRICT, March 23, 2006, Decided , March 23, 2006, Filed.
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Overview: Even though a trucking company's insurance policy did not specifically list the company's semi truck as an insured vehicle, the fact that the company's carrier paid out its policy limits to a deceased husband's widow indicated that the semi truck was insured. Therefore, summary judgment in favor of the widow's insurer was properly granted.
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| McDonald v. Lattire, No. 03A01-0505-CV-223,
COURT OF APPEALS OF INDIANA, FIRST DISTRICT, March 23, 2006, Decided , March 23, 2006, Filed.
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Overview: Where defendant entered the intersection in which he had the right of way and was struck by a third-party who did not stop at a stop sign, defendant, as a matter of law, owed no duty to plaintiff, whose vehicle defendant struck after being hit by the third-party. Defendant owed no duty to assume that the third-party would not obey the stop sign.
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| Mitchell v. State, No. 49S05-0603-CR-105,
SUPREME COURT OF INDIANA, March 23, 2006, Decided , March 23, 2006, Filed.
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Overview: Although nature and circumstances aggravator was impermissible, sentence was upheld as criminal history, including juvenile record, and fact that defendant was on probation at time of offense were permissible. Among other things, juvenile adjudication afforded defendant sufficient procedural safeguards to be considered under Blakely.
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| Foster v. Owens, No. 33A01-0507-CV-329,
COURT OF APPEALS OF INDIANA, FIRST DISTRICT, March 24, 2006, Decided , March 24, 2006, Filed.
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Overview: In a medical malpractice suit, the trial court properly refused the doctor's request for a jury instruction on contributory negligence because the doctor's theory, that the patient refused a procedure that would have alleviated bleeding caused during another surgery, was a mitigation of damages issue, not a contributory negligence issue.
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| Kocher v. Getz, No. 35A02-0507-CV-654,
COURT OF APPEALS OF INDIANA, SECOND DISTRICT, March 24, 2006, Decided , March 24, 2006, Filed.
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Overview: A trial court erred in releasing the full amount of an appeal bond to a judgment creditor since the creditor had contractually agreed not to enforce the judgment against the judgment debtor in any amount in excess of the debtor's insurance coverage in exchange for the creditor obtaining the rights to pursue a bad faith claim against the insurer.
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| Reed v. State, No. 03A04-0510-PC-592,
COURT OF APPEALS OF INDIANA, FOURTH DISTRICT, March 24, 2006, Decided , March 24, 2006, Filed.
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Overview: Daily reporting to a probation officer did not amount to the type of freedom restrictions that deserved credit time; therefore, a trial court properly denied defendant's motion for credit time after his daily reporting probation was revoked and he was ordered to serve the balance of his sentence, namely 10 years, for a rape conviction.
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