Decedent was covered by insurance policy as a “resident relative” because she lived with her parents, and her parents did not need to notify insurance company of her status because she was not an “operator” living within their household. Additionally, the insurance policy’s anti-stacking provision did not limit an insured’s ability to recover under multiple UIM policies and that the policy’s offset provision reduces only the payments made on behalf of those persons directly liable for the injury.
Kinman v. State, 20S-CR-569, __ N.E.3d __ (Ind., Sep. 28, 2020).
Trial court failed to adhere to Indiana Post-Conviction Rule 1(6) which provides that the trial court “shall make specific findings of fact, and conclusions of law on all issues presented, whether or not a hearing is held.”
Hill v. State, 19A-CR-2083, __ N.E.3d __ (Ind. Ct. App., Oct. 2, 2020).
Multiple reckless homicide convictions, based on multiple victims, do not violate double jeopardy.
Diaz v. State, 20A-CR-203, __ N.E.3d __ (Ind. Ct. App., Oct. 2, 2020).
Convictions for murder and robbery, which relate to a single victim, do not offend double jeopardy.
Riddle v. Cress, No. 20S-PL-573, __ N.E.3d __ (Ind., Oct. 2, 2020).
A trial court will not be found to have abused its discretion in setting aside a default judgment “so long as there exists even slight evidence of excusable neglect.” Because of this deferential standard of review, the trial court’s decision to set aside default judgment was upheld.