The surviving spouse of the decedent is not entitled to attorneys’ fees and prejudgment interest as compensable damages under the General Wrongful Death Statute.
Appeals
R.L. Turner Corp. v. Wressell, No. 06A05-1411-PL-540, __ N.E.3d __ (Ind. Ct. App, Sept. 15, 2015).
“In determining a reasonable amount of attorney’s fees, consideration should be given to the nature and difficulty of the litigation; the time, skill, and effort involved; the fee customarily charged for similar legal services; the amount involved; the time limitations imposed by the circumstances; and the result achieved in the litigation.” There is no definitive cap to attorney’s fee awards based on the potential or actual recovery.
Whittaker v. Whittaker, No. 02A03-1503-DR-7, __ N.E.3d __ (Ind. Ct. App, Sept. 21, 2015).
The merits of Husband’s petition for contempt for Wife’s failure to pay sums incorporated in the dissolution decree should have been addressed by the trial court; the obligation was not a fixed money judgment.
Hamilton v. State, No. 65A04-1412-CR-592, ___ N.E.3d ___ (Ind. Ct. App., Sept. 9, 2015).
Forensic interviewer’s testimony vouching for child victims’ testimony, admitted over defendant’s timely objection, was reversible error. But detective calling children’s statements “powerful” when interrogating defendant was not error because it was meant only to elicit response from defendant, not as assertion of fact.
R.B. v. State, No. 49A02-1502-JV-96, ___ N.E.3d ___ (Ind. Ct. App., Sept. 11, 2015).
Under the Fourth Amendment, police could reasonably rely on minor’s mother’s consent to search minor’s bedroom in her home.