Attorneys’ fees are not recoverable under the General Wrongful Death Statute as a form of damages when the decedent is survived by a spouse and/or dependents.
M. Massa
Markey v. Estate of Markey, No. 89S05-1412-ES-749, __ N.E.3d __ (Ind., Aug. 4, 2015).
Plaintiff’s claim for breach of contract to make and not revoke mutual wills constitutes a “claim” as defined by the probate code in Ind. Code § 29-1-1-3(a)(2).
Russell v. State, No. 84S01-1409-CR-583, ___ N.E.3d ___ (Ind. June 29, 2015).
Plea agreement was enforceable despite its misstatement that the defendant’s consecutive sentences were capped by statute. Defendant was entitled to the benefit of his plea; sentence was mistakenly capped, but not necessarily illegal.
Lewis v. State, No. 45S00-1312-LW-512, ___ N.E.3d ___ (Ind. June 17, 2015).
LWOP sentencing order was deficient for failure to include judge’s personal statement that LWOP was the appropriate sentence.
State Farm Mutual Ins. Co. v. Earl, No. 36S05-1408-CT-562, __N.E.3d __ (Ind., June 9, 2015).
Declines to adopt a bright line rule on the admissibility of insurance coverage, but admission of the coverage limit contained within the insurance policy was relevant background information that would help the jury understand the relationship between the parties and the basis for the lawsuit itself in this case.