“[U]nder the unusual operative and procedural facts of this case—the actual shooter remaining unidentified, the resulting ambiguity as to whether these Defendants intended to carry out a shooting, the State’s choice to rely on the shooting alone in the charging instruments and at trial, and the trial court’s unambiguous finding of reasonable doubt on that particular theory—we hold Defendants lacked fair notice of the [murder by beating] charge of which they were ultimately convicted, which under these circumstances establishes fundamental error.”
L. Rush
In re M.K., No. 49S02-1505-JC-260, __N.E.3d __ (Ind., May 12, 2015).
“Because the trial court’s remarks and conduct, in their cumulative effect, breached the court’s duty of impartiality and amounted to coercion of Father, we reverse the CHINS adjudication.”
Bd. of Commissioners of the County of Jefferson v. Teton Corp., No. 72S04-1410-CT-642, __N.E.3d __ (Ind., May 13, 2015).
Adopts the “any insurance” approach to the AIA waiver—“that as long as a property owner’s damages are covered by any property insurance policy used to insure construction-related damages (i.e., the work), the waiver applies to all damages”
In re Howell, No. 94S00-1405-CQ-321, __N.E.3d __ (Ind., March 20, 2015).
Life insurance bankruptcy exemptions apply to non-dependent spouses and children.
Indiana Restorative Dentistry, P.C. v. Laven Insurance Agency, Inc., No. 49S05-1407-PL-491, __N.E.3d __ (Ind., March 12, 2015).
There are genuine issues of material fact regarding the existence of a special relationship between an insurance agent and the insured.