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| Chatham v. State, No. 39A01-0512-CR-550,
COURT OF APPEALS OF INDIANA, FIRST DISTRICT, April 11, 2006, Decided , April 11, 2006, Filed
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Overview: Conviction for sexual battery was reversed as victim did not experience fear of defendant until he grabbed her and such fear following incident did not show victim was compelled to submit to touching by force or imminent threat of force. Evidence was sufficient to support conviction for battery as misdemeanor under Ind. Code § 35-42-2-1(a).
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| Dylak v. State, No. 43A04-0503-CR-150,
COURT OF APPEALS OF INDIANA, FOURTH DISTRICT, April 11, 2006, Decided , April 11, 2006, Filed
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Overview: As defendant, a truck driver, violated rules to prevent fatigued drivers from entering the roadways, prior to running a red light and killing another driver, the jury could have found that defendant substantially deviated from acceptable driving standards. Thus, probative evidence existed to support his conviction under Ind. Code § 35-42-1-5.
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| Ford Motor Co. v. Rushford, No. 20A03-0506-CV-293,
COURT OF APPEALS OF INDIANA, THIRD DISTRICT, April 11, 2006, Decided , April 11, 2006, Filed
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Overview: Since there was no evidence that a manufacturer had knowledge of an injured person's particular characteristics or that a dealership was an agent of the manufacturer, the manufacturer could not be held liable under Ind. Code § 34-20-2-2 for failing to act on knowledge not held in regard to injuries resulting from an airbag.
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| Hite v. Vanderburgh County Office of Family & Children, No. 82A05-0509-JV-541,
COURT OF APPEALS OF INDIANA, FIFTH DISTRICT, April 11, 2006, Decided , April 11, 2006, Filed
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Overview: A father's parental rights were properly terminated because the failure to provide him notice of an initial child-in-need-of-services (CHINS) petition did not violate his due process rights under the 14th Amendment, since he was not denied the opportunity to be heard in the latter portions of the CHINS action and in the termination proceedings.
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| Lawson v. State, No. 46A05-0511-CV-636,
COURT OF APPEALS OF INDIANA, FIFTH DISTRICT, April 11, 2006, Decided , April 11, 2006, Filed
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Overview: Although parolee claimed he was entitled to release because parole board did not hold a revocation hearing within 60 days of his sentencing as required by Ind. Code § 11-13-3-10, he was not confined due solely to an alleged parole violation because he had been ordered to serve prison terms for his theft and resisting law enforcement convictions.
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| M.C. Welding & Machining Co. v. Kotwa, No. 46A04-0508-CV-457,
COURT OF APPEALS OF INDIANA, FOURTH DISTRICT, April 11, 2006, Decided , April 11, 2006, Filed
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Overview: When an employee sued an employer for discrimination and retaliatory discharge for seeking unemployment benefits, the retaliation claim sustained a general verdict for him even if the trial court had no discrimination jurisdiction, and the evidence showed denial of a right of employment when he was not allowed to return to his job after a layoff.
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