Trial court properly found that defendant could not be tried on the seventieth day under his Criminal Rule 4(B) motion when there was a contested child support hearing scheduled for that day and the continuance of the defendant’s earlier scheduled trial date did not leave time for summoning jurors or for state witness subpoenas.
Appeals
Malloch v. State, No. 17A03-1201-CR-37, __ N.E.2d __ (Ind. Ct. App., Dec. 21, 2012).
Even though detective’s interrogation was intense and confrontational, defendant’s video-taped child-molesting confession was voluntary under the circumstances.
Woods v. State, No. 39A05-1204-CR-189, __ N.E.2d __ (Ind. Ct. App., Dec. 27, 2012).
The probable cause affidavit may be used to supplement the charging information to meet the requirement that the State allege the crime concealment exception to the criminal statute of limitations.
Orndorff v. Ind. Bureau of Motor Vehicles, No. 53A04-1206-PL-299, __ N.E.2d __ (Ind. Ct. App., Dec. 26, 2012).
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.
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.