While social security income may not itself be levied against to pay a criminal restitution order, social security may be taken into account in determining a defendant’s ability to pay restitution.
Supreme
Nicholson v. State, No. 55S01-1107-CR-444, __ N.E.2d __ (Ind., Mar. 21, 2012).
Stalking conviction affirmed when alleged harassment included a twenty-two month hiatus, due largely to defendant’s incarceration.
Lakes v. Grange Mutual Casualty Co., No. 89S05-1109-CT-53, ___ N.E.2d ___ (Ind., March 20, 2012).
The tortfeasor’s vehicle was underinsured because the amount actually paid to the plaintiff was less than the per-person limit of liability of the underinsurance endorsement.
Klinker v. First Merchants Bank, N.A., No. 01S04-1107-PL-438, ___ N.E.2d ___ (Ind., March 20, 2012).
Although the plaintiff’s evidence tends to show multiple badges of fraud, it is not sufficient to warrant entry of summary judgment on the element of mens rea.
LaPorte Comm. School Corp. v. Rosales, No. 46S04-1105-CT-284, ___ N.E.2d ___ (Ind., March 20, 2012).
The language of one of the final jury instructions could have reasonably been interpreted and applied by the jury in a way that substantially misstated the plaintiff’s burden of proof to establish defendant’s negligence.