Adopts Court of Appeals holding that A misdemeanor Operating While Intoxicated requires evidence on the element of endangerment.
Marbley-El v. State, No. 71S03-1006-PC-329, __ N.E.2d __ (Ind., June 24, 2010)
Defendant has no jury trial right on sentencing factors for an offense committed after the current sentencing statutes took effect.
Giddings v. State, No. 40A01-0909-PC-455, __ N.E.2D __ (Ind. Ct. App., June 25, 2010)
U.S. Supreme Court’s verdict unanimity requirement for individual components of a continuing criminal enterprise under federal criminal law is not applicable to Indiana child molesting cases.
KB Home Indiana, Inc. v. Rockville TBD Corp., No. 49A02-0909-CV-881, ___ N.E.2d ___ (Ind. Ct. App., June 18, 2010)
Owner’s action in negligence for defendant’s discharge of pollutants onto real property that was once farmland but subsequently became a residential subdivision was not barred by the economic loss doctrine.
Weigand Construction Co. v. Stephens Fabrication, Inc., No. 18A02-0910-CV-953, ___ N.E.2d ___ (Ind. Ct. App., June 25, 2010)
While plaintiff’s claim survived its subsequent voluntary bankruptcy proceedings, plaintiff did not timely make its claim pursuant to the terms of the parties’ contract.