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State Courts -
Indiana - March 30 - April 3, 2006
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Matson v. State, No. 64A04-0508-CR-438,
COURT OF APPEALS OF INDIANA, FOURTH DISTRICT, March 30, 2006, Decided , March 30, 2006, Filed
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Overview: Trial court properly denied defendant's motion to suppress evidence, as defendant had no expectation of privacy in the residence where he left his belongings, the police observed a gun in plain sight in defendant's open baggage, and the bag was searched after a warrant was obtained, so the search was legal under the Fourth Amendment.
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Nagy v. Evansville-Vanderburgh Sch. Corp., No. 82S01-0409-CV-428,
SUPREME COURT OF INDIANA, March 30, 2006, Decided , March 30, 2006, Filed
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Overview: Trial court erred in granting summary judgment to a school as to parents' claims that a services fee charged for all students violated Ind. Const. art. 8, § 1, as the imposition of the fee on students who did not participate in extracurricular activities or other services constituted tuition and violated the guarantee of a free public education.
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State Farm Mut. Auto. Ins. Co. v. Gutierrez, No. 45A03-0408-CV-368,
COURT OF APPEALS OF INDIANA, THIRD DISTRICT, March 30, 2006, Decided , March 30, 2006, Filed
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Overview: Trial court erred in denying a motion to bifurcate a trial against the operator of a vehicle and an insurer, as it was improper to try liability claims against the operator and bad faith claims against the insurer at the same time, as the operator may have been prejudiced by evidence of the existence and the amount of his insurance coverage.
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J.M. v. N.M., No. 64A05-0510-CV-623,
COURT OF APPEALS OF INDIANA, FIFTH DISTRICT, March 31, 2006, Decided , March 31, 2006, Filed
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Overview: Although there was no express finding under Ind. Code § 31-17-4-1(a) that unsupervised parenting time would significantly impair the son's emotional development, the finding that the husband's behavior continued to be detrimental to the mental health, well being, emotional stability, and development of the son was tantamount to such a finding.
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Rose v. Mercantile Nat'l Bank, No. 56A03-0405-CV-235,
COURT OF APPEALS OF INDIANA, THIRD DISTRICT, March 31, 2006, Decided , March 31, 2006, Filed
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Overview: In proceedings supplemental alleging a company's owners' fraudulent conveyance, its owners were not entitled to a change of venue from a judge after the company got one in the underlying case, and they waived a jury. The evidence showed they violated Ind. Code § 35-43-5-4(8), but the judgment creditor was not entitled to contingent attorney's fees.
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