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| Davidson v. State, No. 43S03-0506-CR-263,
SUPREME COURT OF INDIANA, June 28, 2006, Decided , June 28, 2006, Filed
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Overview: Defendant's murder conviction and presumptive sentence were affirmed because the trial court adequately instructed the jury on the issue of voluntariness under Ind. Code Ann. § 35-41-2-1(a). Further, the trial court did not err in sentencing defendant under Ind. Code Ann. § 35-38-1-7.1(b)(4) because the trial court considered a reduced sentenced.
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| Funston v. Sch. Town of Munster, No. 45S03-0506-CV-262,
SUPREME COURT OF INDIANA, June 28, 2006, Decided , June 28, 2006, Filed
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Overview: Under Ind. Code § 34-51-2-2, Indiana Comparative Fault Act did not apply in a negligence suit; defendant was a school. As only possible inference was that a husband was negligent in leaning backwards on a top, backless bleacher at school game, common law contributory negligence applied, barring suit, and summary judgment for school was appropriate.
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| Hardister v. State, No. 49S05-0507-CR-319,
SUPREME COURT OF INDIANA, June 28, 2006, Decided , June 28, 2006, Filed
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Overview: Police officers' accounts of their observations through windows of residence where they went to investigate tip about drugs being cooked, along with weapons, drugs, and other items seized, did not have to be suppressed under Fourth Amendment or Ind. Const. art. I, § 11, as officers acted reasonably and were presented with exigent circumstances.
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| Kendall v. State, No. 49S02-0606-CR-234,
SUPREME COURT OF INDIANA, June 28, 2006, Decided , June 28, 2006, Filed
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Overview: Class C felony possession of cocaine was a lesser included offense of Class A felony possession and therefore the Class C count, which also included possession of a firearm, was properly dismissed by a trial court, and the affirmance of the dismissal by the Court of Appeals was also proper.
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| Mathews v. State, No. 49S02-0509-PC-405,
SUPREME COURT OF INDIANA, June 28, 2006, Decided , June 28, 2006, Filed
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Overview: Defendant could only be convicted of one count of Class A felony arson pursuant to Ind. Code § 35-43-1-1; damaging property by fire was only one arson, even if fire caused multiple consequences, and arson creating bodily injury elevated Class B felony arson to Class A felony arson, but multiple injuries did not create multiple Class A arsons.
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