Plaintiff’s claim for breach of contract to make and not revoke mutual wills constitutes a “claim” as defined by the probate code in Ind. Code § 29-1-1-3(a)(2).
Zeller v. AAA Ins. Co., No. 64A05-1502-CT-84, __ N.E.3d __ (Ind. Ct. App., Aug. 4, 2015).
Insurer’s acceptance of insured’s payment reinstated the insurance policy.
Young v. Davis, No. 71A04-1501-CT-26, __ N.E.3d __ (Ind. Ct. App., Aug. 4, 2015).
The voluntary dismissal of the governmental entities did not constitute a “judgment” for purposes of ITCA, and so plaintiffs could continue their lawsuit against the government employee individually.
Buford v. State, No. 20A05-1408-CR-392, ___ N.E.3d ___ (Ind. Ct. App., July 24, 2015).
Search warrant was invalid; uncorroborated anonymous tip of drug dealing at defendant’s home, plus police smelling burnt marijuana and seeing unspecified amount of marijuana “shake” on table in the home, did not establish probable cause of drug dealing.
Kowalskey v. State, No. 32A01-1503-CR-99, ___ N.E.3d ___ (Ind. Ct. App., July 30, 2015).
Defendant’s conduct did not waive his right to counsel. His oral and written requests for the trial court to compel discovery were not obstreperous, and trial court had neither adequately advised defendant of the dangers of self-representation nor made necessary findings on whether his conduct under the circumstances constituted knowing and intelligent waiver of counsel.