An employee filling multiple positions with the same employer is eligible for leave under the federal Family and Medical Leave Act if that employee’s total service is sufficient to qualify, even if service in either position alone does not qualify.
Supreme
Hardley v. State, No. 49S05-0905-CR-209, __ N.E.2d __ (Ind., May 5, 2009)
[T]he State may challenge the legality of a criminal sentence by appeal without first filing a motion to correct erroneous sentence, and . . . such appeal need not be commenced within thirty days of the sentencing judgment.
Wallace v. State, No. 49S02-0803-CR-138, __ N.E.2d __ (Ind., Apr. 30, 2009)
Application of the Sex Offender Registration Act to a person whose sex offense predated the Act violates the Indiana Constitution’s Ex Post Facto Clause.
Jensen v. State, No. 02S04-0803-CR-137, __ N.E.2d __ (Ind., Apr. 30, 2009)
The Indiana Ex Post Facto Clause was not violated by application of the 2006 sexually violent predator lifetime registration requirement to a person required to register as a sex offender for ten years under the law in effect when his sex offenses were committed.
Dreaded, Inc. v. St. Paul Guardian Insurance Co., No. 49S02-0805-CV-244 , __N.E.2d__ (Ind., Apr. 28, 2009)
When insured failed for three years to give notice of environmental action against it to insurer, the insurer’s duty to defend never arose during the three years and the insurer need not show any prejudice from the delayed notification.