Evidence obtained after entry of an order granting a motion for partial summary judgment may not form the basis for vacating that order. Relief from judgment under Indiana Trial Rules is not limited to final judgments.
Inman v. State, No. 49S00-1207-LW-000376, __ N.E.2d __ (Ind., Feb. 11, 2014).
“[T]he better practice going forward would be for trial courts to refuse to accept exhibits when tendered ex parte, unless the opposing party has been given notice and an opportunity to be heard on the matter.”
Morgan v. State, No. 49A02-1304-CR-386, __ N.E.2d __ (Ind. Ct. App., Feb. 13, 2014).
“Annoys” as used in the public intoxication offense is unconstitutionally vague.
Thompson v. State, No. 61A01-1305-CR-207, __ N.E.2d __ (Ind. Ct. App., Feb. 13, 2014).
Operating a vehicle with a blood-alcohol concentration of .08 causing serious bodily injury is a “crime of violence” not subject to the statutory cap on consecutive sentencing.
Veolia Water Indianapolis, LLC v. Nat’l Trust Ins. Co., No. 49S04-1301-PL-00008, __ N.E.2d __ (Ind., Feb. 6, 2014)
A for-profit, private company operating a public water utility under a contract with a governmental unit does not have common law sovereign immunity.