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Case Clips

Published by the Indiana Office of Court Services

Pistalo v. Progressive Casualty Ins. Co., No. 45A04-1204-PL-214, __ N.E.2d __ (Ind. Ct. App., Dec, 27, 2012).

December 31, 2012 Filed Under: Civil Tagged With: Appeals, T. Crone

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).

December 20, 2012 Filed Under: Criminal Tagged With: R. Rucker, Supreme

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).

December 20, 2012 Filed Under: Civil Tagged With: Appeals, M. Barnes

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.

Allen v. Clarian Health Partners, Inc., 49S02-1203-CT-140, ___ N.E.2d ___ (Ind., Dec. 19, 2012).

December 20, 2012 Filed Under: Civil Tagged With: R. Rucker, Supreme

A contract doesn’t need to state a specific dollar amount for goods or services in order to be enforceable.

Young v. State, No. 20A04-1112-CR-699, __ N.E.2d __ (Ind. Ct. App., Dec. 11, 2012).

December 13, 2012 Filed Under: Criminal Tagged With: Appeals, P. Mathias

When victim had come to the fire station on her own and was being treated by firemen, her statements in response to firefighters’ questions were not “testimonial” under the Crawford Confrontation Clause rule.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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