Jury instruction defining “dwelling” element of B-felony burglary was misleading and invaded the province of the jury. Burglary convictions therefore had to be reduced to Class C felonies.
B. Dickson
Town of Zionsville v. Town of Whitestown, No. 06S01-1601-PL-36, __ N.E.3d __ (Ind., Jan. 22, 2016).
“2014 Zionsville-Perry Reorganization is not prohibited and that Whitestown may not adopt annexation ordinances annexing territory in municipalities that are the result of completed reorganizations under the [Government Modernization] Act.”
Schmidt v. Ind. Insurance Co., No. 22S01-1507-PL-412, __ N.E.3d __ (Ind., Dec. 2, 2015).
Even if the applicant was truthful and provided complete information regarding the property to the insurance agent, there is no genuine issue of fact regarding the proximate cause of loss because no dwelling fire insurance policy would have been issued on such information.
Ind. Bureau of Motor Vehicles v. Vawter, No. 49S00-1407-PL-494, __N.E.3d __ (Ind., Nov. 6, 2015).
Personalized license plates are government speech.
Masters v. Masters, No. 02S04-1504-DR-156, __ N.E.3d __ (Ind., Oct. 16, 2015).
The proper standard of review under the Family Law Arbitration Act is the clearly erroneous standard prescribed by Trial Rule 52(A).