Under the circumstances of this case, a preliminary injunction based on laches should be issued against BMV imposition of Habitual Traffic Violator suspension eight years after HTV status arose.
Appeals
Pistalo v. Progressive Casualty Ins. Co., No. 45A04-1204-PL-214, __ N.E.2d __ (Ind. Ct. App., Dec, 27, 2012).
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.
Banks v. Banks, No. 45A03-1203-DR-96,___ N.E.2d ___ (Ind. Ct. App., Dec. 14, 2012).
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.
Young v. State, No. 20A04-1112-CR-699, __ N.E.2d __ (Ind. Ct. App., Dec. 11, 2012).
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.
Gingerich v. State, No. 43A05-1101-CR-27, __ N.E.2d __ (Ind. Ct. App., Dec. 11, 2012).
Reverses twelve-year old’s conspiracy to commit murder conviction when counsel had only four days to prepare for waiver of juvenile jurisdiction hearing.