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| Dyer v. Doyle (In re Estate of Dyer), No. 53A05-0507-CV-396,
COURT OF APPEALS OF INDIANA, July 27, 2007, Decided, July 27, 2007, Filed
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Overview: In a wrongful death action, the trial court erred by instructing the jury on sudden emergency, because the alleged sudden emergency was faked left syndrome, and defendants presented no evidence to support the applicability of faked left syndrome, and thus the trial court abused its discretion in giving the instruction.
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| Green v. State, No. 45A05-0612-CR-708,
COURT OF APPEALS OF INDIANA, July 27, 2007, Decided, July 27, 2007, Filed
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Overview: Admission of defendant's pretrial statement, made under an agreement that the State would not pursue the death penalty, did not violate Ind. R. Evid. 410. Defendant had not been charged with a crime when he made the statement and was not then faced with the prospect of entering a plea; thus, the parties were not then engaged in plea negotiations.
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| Hay v. Baumgartner, No. 43A04-0612-CV-741,
COURT OF APPEALS OF INDIANA, July 27, 2007, Decided, July 27, 2007, Filed
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Overview: Trial court properly concluded that plaintiff held only a revocable license to use a driveway shared with defendants, because while a predecessor in interest to plaintiff's property contributed money toward the upkeep of the driveway, there was no evidence that the predecessor did so in reliance upon the license being perpetual.
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| Armstrong v. Gordon, No. 49A02-0605-CV-442,
COURT OF APPEALS OF INDIANA, July 30, 2007, Decided, July 30, 2007, Filed
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Overview: Exclusion of evidence regarding injured party's pre-existing back problems warranted a new trial because there was a logical nexus between the injury sued upon and unrelated prior condition adequate to satisfy a test requiring only a possibility injured party's claimed damages resulted from a condition or event unrelated to the driver's negligence.
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| Grant v. State, No. 49A02-0611-CR-1014,
COURT OF APPEALS OF INDIANA, July 30, 2007, Decided
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Overview: Because there was fingerprint evidence linking defendant to the prior felonies, a reasonable fact finder could well have concluded beyond a reasonable doubt that he was the same person convicted of the two prior unrelated felonies as required by Ind. Code § 35-50-2-8(a).
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| Grathwohl v. Garrity, No. 49A02-0611-CV-1049,
COURT OF APPEALS OF INDIANA, July 30, 2007, Decided
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Overview: Trial court erred in determining that property that the wife and husband each inherited while the parties were married was not marital property for the purpose of property division in their divorce case; husband's inherited property and wife's joint tenancy interest in inherited property were marital property pursuant to Ind. Code § 31-15-7-4(a).
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