The probable cause affidavit may be used to supplement the charging information to meet the requirement that the State allege the crime concealment exception to the criminal statute of limitations.
Orndorff v. Ind. Bureau of Motor Vehicles, No. 53A04-1206-PL-299, __ N.E.2d __ (Ind. Ct. App., Dec. 26, 2012).
Under the circumstances of this case, a preliminary injunction based on laches should be issued against BMV imposition of Habitual Traffic Violator suspension eight years after HTV status arose.
Pistalo v. Progressive Casualty Ins. Co., No. 45A04-1204-PL-214, __ N.E.2d __ (Ind. Ct. App., Dec, 27, 2012).
Plaintiff who recovered policy limit from deceased’s auto insurance company and then received an assignment from deceased’s estate of all its rights against insurer thereby had an independent action against the insurer for bad faith failure to settle plaintiff’s claim and could recover prejudgment interest and fees from insurer; reverses summary judgment for insurer on bad faith claim.
Kimbrough v. State, No. 45S04-1212-CR-687, __N.E.2d __ (Ind., Dec. 19, 2012).
Appellate court may not find trial court abused its sentencing discretion based on weight trial court afforded aggravators and mitigators.
Banks v. Banks, No. 45A03-1203-DR-96,___ N.E.2d ___ (Ind. Ct. App., Dec. 14, 2012).
Trial court did not abuse its discretion in modifying and reducing spousal maintenance obligation based on changes in the parties’ respective finances, even when there was no improvement in the medical condition of the party receiving maintenance.