Evidence of constructive possession of marijuana, found in defendant’s house under her coffee table next to two juveniles on the couch, was insufficient to convict.
Appeals
White v. State, No. 15A01-1008-CR-463, __ N.E.2d __ (Ind. Ct. App., Mar. 9, 2011)
Record of defendant’s felony conviction reached in another state when he was fifteen years old was insufficient to support habitual offender finding without additional evidence on the other state’s procedures assuring that he was convicted as an adult.
Lakes v. Grange Mutual Casualty Co., No. 89A05-1009-CT-549, ___ N.E.2d ___ (Ind. Ct. App., Feb. 28, 2011)
Ind. Code § 27-7-5-4(b) requires a per person liability limit comparison to determine underinsurance, and the mandatory per person limit for underinsured coverage pursuant to Ind. Code § 27-7-5-2 is $50,000.
B&B, LLC v. Lake Erie Land Co., No. 45A04-1002-PL-183, ___ N.E.2d ___ (Ind. Ct. App., Feb. 28, 2011)
A landowner, who raises the subterranean water table on his land and creates a federally regulated wetland, may not invoke the common enemy doctrine of water diversion and shield himself from liability to adjoining landowners whose property also became federally regulated wetlands.
Boss v. State, No. 49A02-1002-CR-225, __ N.E.2d __ (Ind. Ct. App., Feb. 18, 2011)
As dog bite and dog control ordinances defendant admitted violating were not criminal, the ordinance judgments did not bar defendant’s prosecution for animal bite and failure to immunize from rabies misdemeanors even though all were based on the same conduct.