Evidence proved no more than defendant’s preparation to commit a crime, which was not sufficient to prove the “substantial step” required for an attempt conviction. Defendant’s conviction of possession of a firearm by a serious violent felon was based on proof he possessed the same sawed-off shotgun relied on to convict him of possession of a sawed-off shotgun, so that sawed-off shotgun conviction was prohibited under Indiana double jeopardy law.
M. Robb
Howard v. Am. Fam. Mut. Ins. Co., No. 87A01-0910-CV-512, ___ N.E.2d ___ (Ind. Ct. App., June 17, 2010)
Trial court erred in substituting underinsured driver for insurance company as the sole named defendant in contract case seeking recovery of underinsured motorist benefits, where the insurance company did not attempt to step into the shoes of and defend the tortfeasor or to preserve a subrogation interest.
Tisdial v. Young, No. 29A05-0909-CV-544, ___ N.E.2d ___ (Ind. Ct. App., Apr. 22, 2010)
Indiana Code chapter 34-26-5 requires evidence of domestic violence, stalking, or a sex offense.
Marshall v. Erie Insurance Exchange, No. 20A03-0908-CV-366, __ N.E.2d __ (Ind. Ct. App., Mar. 10, 2010)
Holds that an urban or residential landowner has a duty of reasonable care to prevent an unreasonable risk of harm to neighbors arising from the condition of trees on the landowner’s property.
Hicks v. Smith, No. 54A01-0904-CV-189, ___ N.E.2d ___ (Ind. Ct. App., Jan. 19, 2010)
When husband violated court order by absconding with child and failing to pay child support, trial court did not abuse its discretion in awarding judgment on husband’s child support arrearage to wife.