When probationer admitted only his arrest for new offense but not of probable cause, and State did not present the probable cause affidavit or any other evidence of the new offense, revocation of probation violated probationer’s due process rights.
Koors v. Steffen, No. 57A03-0904-CV-167, __ N.E.2d __ (Ind. Ct. App., Nov. 6, 2009)
When contract provided for arbitration and also left a chance a lien could arise, the possibility the court would have to engage in foreclosure procedures depending on the arbitration outcome required the court to stay the litigation pending the arbitration, rather than dismissing the suit.
Miller v. Yedlowski, No. 49A02-0901-CV-78, __ N.E.2d __ (Ind. Ct. App., Nov. 10, 2009)
Party seeking a second extension of time to respond to summary judgment motion must do so prior to expiration of the period of the first extension.
Inlow v. Inlow, No. 29S02-0902-CV-89, __ N.E.2d __ (Ind., Nov. 18, 2009)
When settlement resolves a wrongful death action, a court should direct payment from the pre-trial wrongful death settlement that part of the medical, hospital, funeral, and burial expenses that corresponds to the ratio of the total of such expenses to the estimated total damages sustained.
Lawrence v. State, No. 29A02-0906-CR-580, __ N.E.2d __ (Ind. Ct. App., Oct. 23, 2009)
“Prison mailbox rule” (prisoner mailing considered filed when given to prison authorities to be sent to court) applies to notices of direct appeal.