In a real estate insurance context, even if a homeowner conceals or fails to disclose the true value or nature of his home, failure to disclose true value will not give rise to a rescission claim; insurance companies are in a better position to accurately ascertain the value of a home than most homeowners and if they don’t ascertain the value of the home, they do so at their own peril.
C. Bradford
Nicholson v. State, No. 55A01-1005-CR-251, __ N.E.2d __ (Ind. Ct. App., Apr. 29, 2011)
Single phone call was not “repeated or continuing harrassment” required for stalking, and even if phone calls from period two years’ earlier were considered this element was not proven.
Beeler v. State, No. 49A05-1007-CR-456, __ N.E.2d __ (Ind. Ct. App., Apr. 27, 2011)
The transcript contained no admissions by the probationer of the alleged probation violation, and without such admissions the revocation without a hearing would be fundamental error, but as there was a notation in the CCS that an admission was made and this notation was presumptively true, the probationer failed to demonstrate fundamental error.
Devlin v. Peyton, No. 49A02-1008-DR-902, ___ N.E.2d ___ (Ind. Ct. App., Mar. 18, 2011)
Dissolution court cannot sua sponte assume jurisdiction over adoption of child of the marriage when adoption is pending in another court.
Gray v. State, No. 82A01-1005-CR-223, __ N.E.2d __ (Ind. Ct. App., Mar. 8, 2011)
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.