Indiana disorderly conduct statute (Ind. Code § 35-45-1-3) includes both public and private disturbances, but only physical, and not verbal, altercations.
Supreme
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.
Jay Classroom Teachers Ass’n. v. Jay School Corp., No. 49S05-1603-PL-113, __ N.E.3d __ (Ind., July 21, 2016).
Given the deferential standard of review for agency action, the court upheld the Indiana Education Employment Relations Board factfinder’s decision.