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| Auburn Cordage, Inc. v. Revocable Trust Agreement of Treadwell, No. 17A04-0503-CV-132,
COURT OF APPEALS OF INDIANA, FOURTH DISTRICT, June 7, 2006, Decided , June 7, 2006, Filed
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Overview: Trial court erred in granting summary judgment, pursuant to Ind. R. Trial P. 56(C), on the issue of the right to recover under an equitable subrogation theory, as equity did not demand that the trust, estate, or two beneficiaries be subrogated regarding insurance policy proceeds paid to bank, as they received policy benefits in a roundabout way.
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| Brown v. State, No. 49A05-0506-CR-321,
COURT OF APPEALS OF INDIANA, FIFTH DISTRICT, June 7, 2006, Decided , June 7, 2006, Filed
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Overview: Criminal confinement statute, Ind. Code § 35-42-3-3, was unconstitutionally vague as applied to defendant, as its terms were not defined so as to avoid arbitrary and discriminatory enforcement, but identity deception statute, Ind. Code § 35-43-5-3.5, was not unconstitutionally vague, as it had satisfactory guidelines to prevent such enforcement.
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| Gutermuth v. State, No. 10A01-0509-CR-410,
COURT OF APPEALS OF INDIANA, FIRST DISTRICT, June 7, 2006, Decided , June 7, 2006, Filed
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Overview: Blakely applied to defendant's case because when it was decided, the availability of appeal via Ind. R.P. Post-Conviction Remedies 2, § 1 had not yet been exhausted. His sentence was proper under Ind. R. App. P. 7(B) because the aggravating factors, including molestation of three children who trusted him, outweighed his lack of criminal history.
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| Thomas v. Lewis Eng'g, Inc., No. 32A01-0509-CV-400,
COURT OF APPEALS OF INDIANA, FIRST DISTRICT, June 7, 2006, Decided , June 7, 2006, Filed
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Overview: Summary judgment for engineering company in a negligent misrepresentation suit was not error; there was no proof that landowner relied on company's survey, and company owed no duty to landowner, absent a contractual relationship and privity, because it was not shown that company actually knew that landowner would have relied on its survey.
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| Lutz v. Erie Ins. Exch., No. 49S02-0606-CV-205,
SUPREME COURT OF INDIANA, June 8, 2006, Decided , June 8, 2006, Filed
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Overview: While driver was entitled to instruction under Ind. R. Evid. 201(g) that traffic light was red when insured entered intersection since insured admitted this fact in her answer, driver was not prejudiced by the absence of such instruction as jury was properly instructed that insured, who was driving in a funeral procession, had to exercise due care.
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| Clarian Health Partners v. Evans, No. 84A04-0511-CV-632,
COURT OF APPEALS OF INDIANA, FOURTH DISTRICT, June 9, 2006, Decided , June 9, 2006, Filed
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Overview: Where settlement proceeds were insufficient to pay all health care provider liens after the patient retained 20 percent, while perfected liens did not survive, the Hospital Lien Act, Ind. Code Ann. § 32-33-4-3(c), did not preclude the provider from proceeding against the patient to collect the underlying debt.
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| Frensemeier v. State, No. 60A04-0510-CR-570,
COURT OF APPEALS OF INDIANA, FOURTH DISTRICT, June 9, 2006, Decided , June 9, 2006, Filed
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Overview: Defendant's motion to suppress was properly denied because police officers acted properly in ordering hospital personnel to draw blood, when a deputy believed that defendant had operated a vehicle while intoxicated because the deputy smelled alcohol on his breath and noticed that his eyes were bloodshot at the scene of an accident.
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| Richardson v. State, No. 24A04-0507-CR-378,
COURT OF APPEALS OF INDIANA, FOURTH DISTRICT, June 12, 2006, Decided , June 12, 2006, Filed
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Overview: Although a trash search violated Ind. Const. art. 1, § 11 because the tip that prompted it was insufficiently reliable to arouse reasonable suspicion, the search fell within the good faith exception of Ind. Code § 35-37-4-5 because it was reasonable at that time. An officer did not enter defendants' property; a trash service collected the trash.
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