When defendant was convicted of reckless homicide entailing use of a shotgun resulting in the death, imposition of the five year statutory sentence enhancement for use of a firearm did not violate double jeopardy protections.
Appeals
State v. Laker, No. 24A04-0912-CR-736, __ N.E.2d __ (Ind. Ct. App., Dec. 29, 2010)
Operating a farm tractor while intoxicated is an operating while intoxicated offense, but operating a farm tractor while driving privileges are suspended is not an offense.
Jewell v. State, No. 32A04-1003-CR-187, __ N.E.2d __ (Ind. Ct. App., Dec. 30, 2010)
Defendant’s federal and state constitutional rights to counsel were not violated when police had minor, for whom defendant was charged with assisting to get a tattoo, call the defendant and elicit statements police recorded about defendant’s prior criminal sexual conduct with the minor.
Inman v. State Farm Mutual Automobile Ins. Co., No. 41A01-1005-CT-225, ____ N.E.2d ____ (Ind. Ct. App., Dec. 30, 2010)
An insurer can be required to pay prejudgment interest in excess of uninsured and/or underinsured motorist limits in an action brought by an insured for failure to pay uninsured and/or underinsured motorist coverage.
In re the Paternity of R.M., No. 45A04-1001-JP-14, __ N.E.2d __ (Ind. Ct. App., Dec. 30, 2010)
The defense of laches can apply in paternity actions.