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| Benjamin v. Benjamin, No. 64A04-0505-CV-284,
COURT OF APPEALS OF INDIANA, FOURTH DISTRICT, June 26, 2006, Decided , June 26, 2006, Filed
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Overview: Although a lawyer had a contractual right of setoff before the remainder of a marital asset was available to the client's former wife, outstanding issues prevented a decision regarding the appropriateness of any fee sharing under Ind. R. Prof. Conduct 1.5(e).
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| Davis v. LeCuyer, No. 49A02-0501-CV-33 n11 We heard oral argument on April 11, 2006 at Hamilton Southeastern High School in Fishers, Indiana. We thank the school's administration, faculty, and students for their hospitality, and counsel for their presentations.,
COURT OF APPEALS OF INDIANA, SECOND DISTRICT, June 26, 2006, Decided , June 26, 2006, Filed
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Overview: When a minor was injured when jet skiing at his friend's house, summary judgment was properly denied to the friend and his family. The negligence standard of care, rather than the lower recklessness standard of care, applied to casual jet skiing, and Indiana recognized negligent supervision of a minor in one's care as a separate tort.
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| Harmon v. State, No. 50A03-0511-CR-544,
COURT OF APPEALS OF INDIANA, THIRD DISTRICT, June 26, 2006, Decided , June 26, 2006, Filed
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Overview: Trial court abused discretion in excluding self-defense evidence with respect to charge of unlawful possession of firearm by a serious violent felon as evidence legitimately supported defendant's self-defense theory; evidence revealed, inter alia, defendant broke into locked gun case and obtained handgun only after he saw someone retrieve shotgun.
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| J.B. v. State, No. 52A02-0601-JV-24,
COURT OF APPEALS OF INDIANA, SECOND DISTRICT, June 26, 2006, Decided , June 26, 2006, Filed
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Overview: Trial court did not err in considering information contained in predispositional report in ordering juvenile be committed to Department of Corrections, as report complied with Ind. Code § 31-37-17-6.1 content requirement and juvenile's placement there was not error since it did not contravene relevant placement statute, Ind. Code § 31-37-18-6.
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| Maroney v. State, No. 03A05-0508-CR-434,
COURT OF APPEALS OF INDIANA, FIFTH DISTRICT, June 26, 2006, Decided , June 26, 2006, Filed
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Overview: Although a trial court erred by failing to conduct an Ind. Code § 33-37-2-3(a) (2004) indigency hearing prior to ordering defendant to reimburse a sheriff for extradition costs, the costs could properly be subtracted from defendant's bail bond deposit under Ind. Code § 35-33-8-3.2 (2004 & Supp. 2006).
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| Miller v. Sugden, No. 29A02-0511-CV-1093,
COURT OF APPEALS OF INDIANA, SECOND DISTRICT, June 26, 2006, Decided , June 26, 2006, Filed
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Overview: Trial court in father's modification case under Ind. Code § 31-16-8-1 correctly found that he was voluntarily underemployed due to his misconduct, but it was error to impute his full prior salary of $1,174 a week to him under Ind. Child Support Guideline 3(A)(3); evidence showed that he could earn $900 a week, and only $900 could be imputed to him.
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| White v. State, No. 71A05-0509-CR-506,
COURT OF APPEALS OF INDIANA, FIFTH DISTRICT, June 26, 2006, Decided , June 26, 2006, Filed
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Overview: Defendant's 115-year sentence for murder, attempted murder, and escape was upheld. Ind. Code § 35-50-2-1.3 did not restrict imposition of consecutive sentences beyond the restrictions imposed by Ind. Code § 35-50-1-2(c), and the sentence was proper in light of the nature of the crimes and defendant's history of increasingly serious crimes.
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