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| Highler v. State, No. 02S03-0512-CR-616,
SUPREME COURT OF INDIANA, October 4, 2006, Decided , October 4, 2006, Filed
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Overview: Prosecutor's statement that he peremptorily struck the only African-American on the jury panel because (1) he was a pastor and thus more apt to be forgiving, and (2) statements in his questionnaire and during voir dire raised questions about his ability to be fair and impartial to the State, were sufficient to overcome defendant's Batson objection.
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| Matzat v. Matzat, No. 10A01-0512-CV-539,
COURT OF APPEALS OF INDIANA, October 4, 2006, Decided , October 4, 2006, Filed
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Overview: Decision to award incapacity maintenance benefits to the wife was reversed because she did not support the assertion that she suffered from a medical condition that precluded her from working. Husband's motion to correct error should have been granted when he had learned that the Social Security Administration had denied the wife's claim.
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| Bunting v. State, No. 35A05-0604-CR-201,
COURT OF APPEALS OF INDIANA, October 5, 2006, Decided , October 5, 2006, Filed
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Overview: Conviction for operating while intoxicated, with a prior conviction, was affirmed because the issue of defendant's prior conviction was not required to be submitted to a jury and defendant's Sixth Amendment rights and rights under Ind. Const. art. I, § 19 were not violated. Testimony from officers concerning defendant's conduct was admissible.
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| Cooper v. State, No. 49S00-0407-CR-324,
SUPREME COURT OF INDIANA, October 5, 2006, Decided , October 5, 2006, Filed
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Overview: Defendant was entitled to a new sentencing hearing. It was misconduct for a prosecutor to ask the jury for life without parole for any reason other than that the aggravating factor outweighed the mitigating factors of Ind. Code § 35-50-2-9; here, the prosecutor had suggested that defendant deserved life without parole because of his bad character.
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| Meredith v. Meredith, No. 02A03-0510-CV-520,
COURT OF APPEALS OF INDIANA, October 6, 2006, Decided , October 6, 2006, Filed
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Overview: Trial court erred in denying a father's motion pursuant to Ind. Code § 31-16-8-1 to modify his child support obligation because while the trial court properly found that the father was voluntarily unemployed, the court erred in using past tax returns to determine his earning capacity, as those returns included irregular overtime pay.
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| Starks Mech., Inc. v. New Albany-Floyd County Consol. Sch. Corp., No. 22A01-0510-CV-480,
COURT OF APPEALS OF INDIANA, October 6, 2006, Decided , October 6, 2006, Filed
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Overview: Trial court properly granted summary judgment to the county school district on its declaratory judgment action that the corporation failed to comply with the terms of their contract, as no genuine dispute existed but that the corporation failed to provide timely written notice to the county school district of its claim for additional payment.
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| State Farm Mut. Auto. Ins. Co. v. Noble, No. 45A03-0509-CV-449,
COURT OF APPEALS OF INDIANA, October 6, 2006, Decided , October 6, 2006, Filed
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Overview: Trial court erred in granting judgment on the evidence to appellees as to their claim against an insurance company seeking underinsured motorist (UIM) coverage, because there was an issue of fact as to whether a husband was acting as his wife's agent when he rejected UIM coverage under a personal liability umbrella policy.
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| Cox v. State, No. 83A01-0501-CR-14,
COURT OF APPEALS OF INDIANA, October 10, 2006, Decided
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Overview: Appellant's murder conviction was affirmed where her comments and answers to a sheriff's questions were insufficient to invoke her Miranda rights and thus, the trial court had not abused its discretion in admitting the statements. Moreover, the testimony that she had lost physical custody of two children was relevant to establish a motive.
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| Salazar v. State, No. 79A02-0502-PC-130,
COURT OF APPEALS OF INDIANA, October 10, 2006, Decided , October 10, 2006, Filed
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Overview: Trial court erred in denying defendant's petition for permission to file a belated appeal; he challenged sentenced trial court imposed in a way not completely foreclosed until Collins was decided, and once it was, he was relatively quick to change from Ind. R.P. Post-Conviction Remedies 1 attack to an Ind. R.P. Post-Conviction Remedies 2 attack.
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