The term “using” is ambiguous in an auto insurance policy, because its meaning is susceptible to differing interpretations by reasonable persons; “using” is not synonymous with “operating.”
E. Brown
Solomon v. State, No. 18A-CR-2041, __ N.E.3d __ (Ind. Ct. App., Jan. 31, 2019).
Defendant does not have a constitutional right to possess marijuana and Ind. Code § 35-48-4-11 does not violate Article 1, Section 1, of the Indiana Constitution as applied to him.
Morrison v. Vasquez, No. 18A-CT-376, __ N.E.3d __ (Ind. Ct. App., Aug. 28, 2018).
Ind. Code § 23-0.5-4-12’s provision that the address of a registered agent does not determine venue is not ineffective under T.R. 75(D).
Flowers v. State, No. 10A01-1703-CR-586, __ N.E.3d __ (Ind. Ct. App., April 18, 2018).
A judge is not bound by a Community Corrections Director’s request to revoke placement in a community corrections program.
A senior judge’s order must be treated the same as an order entered by the presiding judge.
Crowder v. State, No. 02A03-1704-PC-824, __ N.E.3d __ (Ind. Ct. App., Jan. 16, 2018).
Counsel should have advised defendant to not accept a plea agreement that waived his appellate rights when he received no benefit for the waiver; therefore, that waiver is severed from the plea agreement and he may appeal his sentence.