A refusal to submit to a chemical test occurs when the conduct of the motorist is such that a reasonable person in the officer’s position would be justified in believing the motorist was capable of refusal and manifested an unwillingness to submit to the test.
Supreme
Day v. State, No. 24C02-1501-CM-70, __ N.E.3d __ (Ind., Aug. 29, 2016).
Indiana disorderly conduct statute (Ind. Code § 35-45-1-3) includes both public and private disturbances, but only physical, and not verbal, altercations.
In re R.S., No. 49S04-1606-JT-350, __ N.E.3d __ (Ind., Aug. 16, 2016).
Given the loving bond parent and child share, parent’s successful completion of multiple self-improvement and parenting courses, parent’s successful completion of probation, parent’s repeatedly expressed desire to parent child, and his exercise of regular visitation with child, the trial court’s findings do not clearly and convincingly support its conclusion that termination of parental rights is in the best interests of the child.
Weaver v. State, No. 32S04-1608-CR-415, __ N.E.3d __ (Ind., Aug. 4, 2016).
Driver who was unable to produce his driver’s license, avoided answering request for his address, evaded questions about his name, and repeatedly refused to provide his date of birth, was guilty of violating refusal-to-identify statute at Ind. Code § 34-28-5-3.5.
State Farm Mut. Automobile Ins. v. Jakubowicz, N0. 45$05-1605-CT-00253, __ N.E.3d __ (Ind., July 26, 2016).
The insurance policy is ambiguous and must be construed in favor of the injured when the insurance policy provision requiring an insured to bring suit within three years is in direct conflict with the policy’s requirement that it will pay only if the underinsured motorist’s insurance has been exhausted.