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| Cope v. Cope, No. 49A02-0504-CV-312,
COURT OF APPEALS OF INDIANA, SECOND DISTRICT, April 28, 2006, Decided
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Overview: Trial court did not err in ordering garnishment of former husband's current wages, as the trial court was authorized to do so pursuant to Ind. Code § 31-15-7-10 and the wife had shown that she could not obtain the part of military pension she was entitled to through either Department of Defense or from the former husband himself.
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| Cornelious v. State, No. 49A02-0507-PC-643,
COURT OF APPEALS OF INDIANA, SECOND DISTRICT, April 28, 2006, Decided
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Overview: Trial court erred in denying defendant's petition for post-conviction relief in a case where defendant raised in part the issue of whether his guilty plea was knowingly, intelligently, and voluntarily made; defendant was assured that he could plead guilty and that his Ind. R. Crim. P. 4(B) violation would be preserved, which was not true.
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| In re Gaudio-Graves, Case No. 45S00-0506-DI-276,
SUPREME COURT OF INDIANA, April 28, 2006, Decided , April 28, 2006, Filed
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Overview: Because more than six months had passed since an attorney was suspended due to noncooperation with the disciplinary process, and because of the attorney's continued failure to cooperate, pursuant to Ind. R. Admis. Bar & Disc. Att'ys 23(10)(f)(4), the attorney's suspension was converted to an indefinite suspension from the practice of law.
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| In re Lunn, Case No. 49S00-0504-DI-133,
SUPREME COURT OF INDIANA, April 28, 2006, Decided , April 28, 2006, Filed
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Overview: Given the passage of time and an attorney's continued failure to cooperate with the disciplinary process, pursuant to Ind. R. Admis. Bar & Disc. Att'ys 23(10)(f)(4), the attorney's current suspension was converted to an indefinite suspension from the practice of law.
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| Perryman v. Motorist Mut. Ins. Co., No. 49A02-0511-CV-1060,
COURT OF APPEALS OF INDIANA, SECOND DISTRICT, April 28, 2006, Decided
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Overview: Trial court properly granted summary judgment to an insurer as to an insured's action seeking a declaration that the insurer was responsible for pollution remediation and investigation costs, as a change in state law did not toll the statute of limitations, Ind. Code § 34-11-2-11, under the discovery rule.
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| Rose v. State, No. 56A03-0601-CR-15,
COURT OF APPEALS OF INDIANA, THIRD DISTRICT, April 28, 2006, Decided
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Overview: Defendant's conviction for child molesting as a Class A felony was reversed and he had to be granted a new trial, as he received ineffective assistance of counsel pursuant to Ind. Const. art. I, § 13 and the Sixth Amendment; counsel should have objected to witness vouching for victim's credibility and defendant was prejudiced by failure to do so.
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| Doe v. Lafayette Sch. Corp., No. 79A02-0507-CV-613,
COURT OF APPEALS OF INDIANA, SECOND DISTRICT, May 1, 2006, Decided
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Overview: When student alleged that a school was negligent in failing to protect her from a teacher's sexual misconduct, it was error to grant summary judgment to the school. The fact that part of the alleged harm occurred off school grounds did not mean that there was not a duty of reasonable care and supervision under common law and Ind. Code § 20-33-8-8.
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