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State Courts -
Indiana - August 3 - August 7, 2007
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Turner v. State, No. 48A02-0610-CR-924,
COURT OF APPEALS OF INDIANA, August 3, 2007, Decided, August 3, 2007, Filed
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Overview: Under the doctrine of amelioration, defendant, convicted of nonsupport of a dependent child, should have been sentenced to Class D felony, rather than Class C felony, as he was sentenced after Ind. Code § 35-46-1-5(a) was amended to require arrearage of more than $ 15,000 for Class C felony and, inter alia, new statute contained no saving clause.
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Kessel v. State Auto. Mut. Ins. Co., No. 02A03-0607-CV-307,
COURT OF APPEALS OF INDIANA, August 6, 2007, Decided, August 6, 2007, Filed
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Overview: A homeowners' insurance contract was not ambiguous because it was not susceptible to more than one reasonable interpretation. Although the homeowners did not expressly invite an injured customer of their lessor, who was bitten by their dog, onto their property, they implicitly did when they leased the barn to the lessor run the stables from it.
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In re Paternity of C.M.R., No. 25A05-0612-JV-732,
COURT OF APPEALS OF INDIANA, August 7, 2007, Decided, August 7, 2007, Filed
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Overview: Because it did not appear that necessary parties had been joined in a paternity action, a genetic testing order under Ind. Code § 31-14-6-1 was vacated. Neither the child's mother, the alleged father's estate, nor the persons on whom testing was ordered were parties, and it appeared that the father's other children were necessary parties as well.
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