Affirms summary judgment for defendant, finding the statute of limitation defense applicable when plaintiff, in the exercise of ordinary diligence in reviewing their homeowners insurance policy, could have timely discovered that the company’s replacement cost liability was capped at the dwelling loss coverage limit.
Robinson v. State, No. 20S04-1307-CR-471, __ N.E.3d __ (Ind., Mar. 25, 2014).
Affirms trial court’s denial of motion to suppress based on conclusion that defendant’s driving gave officer reasonable suspicion to conduct a traffic stop, when testimony of officer convinced trial judge there was reasonable suspicion of “unsafe lane movement” even though squad car video did not clearly demonstrate defendant went off the road though his car did contact the fog line.
State v. Keck, No. 67S01-1403-CR-179, __ N.E.3d __ (Ind., Mar. 25, 2014).
Affirms trial court’s grant of motion to suppress which was based on evidence that defendant was permissibly driving “left of center” due to the poor condition of the roadway.
Mesa v. State, No. 36A01-13080MI-362, __ N.E.3d __ (Ind. Ct. App., Mar. 25, 2014).
Summary judgment procedure applies to forfeiture actions.
Byrd v. State, No. 10A01-1309-IF-383, __ N.E.3d __ (Ind. Ct. App., Mar. 26, 2014).
When ticket alleged speeding infraction of 54 mph in a 30 mph zone but trial evidence indicated limit might have been 45 mph rather than 30, defendant was improperly convicted of driving at 54 mph in a 45 mph zone.