Reverses termination of parental rights of incarcerated father who has made extensive efforts to better himself by learning parenting skills, addressing his problems with substance abuse, and establishing a bond with both of his children.
Supreme
Markey v. Estate of Markey, No. 89S05-1412-ES-749, __ N.E.3d __ (Ind., Aug. 4, 2015).
Plaintiff’s claim for breach of contract to make and not revoke mutual wills constitutes a “claim” as defined by the probate code in Ind. Code § 29-1-1-3(a)(2).
Sampson v. State, No. 87S01-1410-CR-684, ___ N.E.3d ___ (Ind., July 30, 2015).
Bar on “vouching” testimony under Evid. R. 704(b) and Hoglund v. State (Ind. 2012) also bars opinion testimony of whether a witness shows “signs or indicators” of having been “coached,” unless defendant opens the door by an express or implied claim of coaching. (Overruling Kindred v. State (Ind. Ct. App. 2012) and Archer v. State (Ind. Ct. App. 2013).)
Sistrunk v. State, No. 49S05-1410-CR-654, ___ N.E.3d ___ (Ind. July 30, 2015).
Double jeopardy did not preclude convictions for robbery and criminal confinement.
Wellpoint, Inc. v Nat’l Union Fire Ins. Co., No. 49S05-1404-PL-244, __ N.E.3d __ (Ind., July 29, 2015).
When the defendant moves for summary judgment and the plaintiff is the non-moving party, the defendant has no duty to raise all its affirmative defenses.