A court cannot grant a new trial unless the judge enters special findings as required by T.R. 59(J).
Grange Mut. Cas. Co. v. West Bend Mut. Ins. Co, No. 29A02-1008-PL-965, ___ N.E.2d ___ (Ind. Ct. App., March 15, 2011)
In a coverage dispute regarding occurrence polices, the time of the damage, and not the time of the alleged negligent conduct that caused the damage, is the triggering event for coverage. Further, coverage under both policies were triggered under the circumstances of this case and damages are to be apportioned pursuant to the language of the insurance policies.
Gray v. State, No. 82A01-1005-CR-223, __ N.E.2d __ (Ind. Ct. App., Mar. 8, 2011)
Evidence of constructive possession of marijuana, found in defendant’s house under her coffee table next to two juveniles on the couch, was insufficient to convict.
White v. State, No. 15A01-1008-CR-463, __ N.E.2d __ (Ind. Ct. App., Mar. 9, 2011)
Record of defendant’s felony conviction reached in another state when he was fifteen years old was insufficient to support habitual offender finding without additional evidence on the other state’s procedures assuring that he was convicted as an adult.
Michigan v. Bryant, No. 09–150, __ U.S. __ (Feb. 28, 2011)
Statement of mortally wounded victim to police was not “testimonial” under Crawford Confrontation Clause holding because circumstances indicated “primary purpose” of the police questions eliciting statement was to “meet an ongoing emergency.”