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| Dillman v. Trs. of Ind. Univ., No. 53A01-0505-CV-247,
COURT OF APPEALS OF INDIANA, FIRST DISTRICT, June 2, 2006, Decided , June 2, 2006, Filed
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Overview: Open Door Law, Ind. Code § 5-14-1.5-1 (2002), did not apply to two meetings by a university president, each with half of the trustees, because an aggregate count of separate meetings could not be relied upon in order to establish a quorum, and delegation by the trustees to the president was allowable under Ind. Code § 20-12-1-4 (1994).
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| UFG, LLC v. Southwest Corp., No. 71A03-0511-CV-568,
COURT OF APPEALS OF INDIANA, THIRD DISTRICT, June 2, 2006, Decided , June 2, 2006, Filed
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Overview: Where buyers had filed a complaint seeking either specific performance or legal damages, and the trial court had found that specific performance was no longer available because the seller had sold the property, the buyers were not precluded from proceeding with their claim for legal damages.
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| Cole v. State, No. 18A02-0506-CR-560,
COURT OF APPEALS OF INDIANA, SECOND DISTRICT, June 5, 2006, Decided , June 5, 2006, Filed
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Overview: Under Ind. Code Ann. § 35-50-1-2(c), it was error to order that defendant's sentences for resisting law enforcement and possession of chemical reagents or precursors run consecutively. His crimes constituted a single episode of criminal conduct, as he possessed contraband while simultaneously resisting law enforcement by fleeing from police.
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| Wieland v. State, No. 49A02-0504-PC-357,
COURT OF APPEALS OF INDIANA, SECOND DISTRICT, June 5, 2006, Decided , June 5, 2006, Filed
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Overview: Appellate counsel was not ineffective for failing to amend his brief to reflect the Apprendi decision. It was not until Blakely that it was held that Apprendi affected Indiana's sentencing scheme, and Blakely was a new rule that could not have been anticipated by counsel; moreover, an amendment would not have affected the outcome at the time.
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| Cox v. N. Ind. Pub. Serv. Co., No. 43A04-0508-CV-478,
COURT OF APPEALS OF INDIANA, FOURTH DISTRICT, June 6, 2006, Decided , June 6, 2006, Filed
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Overview: A trial court's grant of summary judgment to an electric company was upheld on appeal with regard to a cable installer's negligence suit because the electric company owed no duty to the installer, who was charged with knowing the hazards of electrical equipment and no defect or malfunction in that equipment was shown to have caused injury.
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| Morris v. Econ. Fire & Cas. Co., No. 49S02-0503-CV-98,
SUPREME COURT OF INDIANA, June 6, 2006, Decided , June 6, 2006, Filed
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Overview: Summary judgment granted to an insurer was reinstated on appeal in the insureds' suit for breach of an insurance contract where it was found that the insureds had breached the contract, as a matter of law, by refusing to submit to an examination under oath and demanding prerequisites to have been met first, as compliance was not optional.
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| State ex rel. Ind. State Bar Ass'n v. Northouse, No. 94S00-0505-MS-205,
SUPREME COURT OF INDIANA, June 6, 2006, Decided , June 6, 2006, Filed
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Overview: Non-attorneys engaged in unauthorized practice of law when they sold financial book and obtained elderly woman's signature on documents from book; that an attorney prepared the forms did not absolve non-attorneys from responsibility, and their voluntary cessation of the activity did not preclude a criminal action under Ind. Code § 33-43-2-1 (2004).
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| Townsley v. Marion County Dep't of Child Servs., No. 49A02-0508-JV-802,
COURT OF APPEALS OF INDIANA, SECOND DISTRICT, June 6, 2006, Decided , June 6, 2006, Filed
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Overview: Remand was required when a trial court found that a child was a child in need of services. The trial court had erred in not holding a separate hearing under Ind. Code Ann. § 31-34-13-3 to determine the reliability of child hearsay statements, and its determination of reliability was overbroad in light of inconsistencies in the statements.
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