Indiana Case Commentaries

Affirmation of Governmental Immunity Under Indiana Tort Claims Act for Weather-Induced Roadway Conditions

Date: Nov 23, 2002

Affirmation of Governmental Immunity Under Indiana Tort Claims Act for Weather-Induced Roadway Conditions Introduction The case of Brian E. Catt v. Board of Commissioners of Knox County, reported in...

Affirmation of Conviction Despite Appearance in Jail Garb in Habitual Offender Proceedings

Date: Nov 23, 2002

Affirmation of Conviction Despite Appearance in Jail Garb in Habitual Offender Proceedings Introduction The case of Roman Lamont French v. State of Indiana (778 N.E.2d 816) adjudicated by the Supreme...

Indiana Supreme Court Establishes Clarification on Pollution Exclusion and Bad Faith in Insurance Coverage

Date: Aug 29, 2002

Indiana Supreme Court Establishes Clarification on Pollution Exclusion and Bad Faith in Insurance Coverage Introduction The case of John and Donna Freidline vs. Shelby Insurance Company addressed...

Standards for Appellate Review of Prosecutorial Misconduct and Jury Instruction Accuracy: Insights from Booher v. State

Date: Aug 21, 2002

Standards for Appellate Review of Prosecutorial Misconduct and Jury Instruction Accuracy: Insights from Booher v. State Introduction Mark Booher v. State of Indiana, 773 N.E.2d 814 (Ind. 2002), is a...

Clarence White v. State of Indiana: Affirmation of Warrantless Vehicle Search and Admissibility of Statements

Date: Aug 2, 2002

Clarence White v. State of Indiana: Affirmation of Warrantless Vehicle Search and Admissibility of Statements Introduction Clarence White v. State of Indiana (772 N.E.2d 408) is a significant...

Indiana Supreme Court Clarifies Double Jeopardy in Multiple Offenses: Guyton v. State

Date: Jul 26, 2002

Indiana Supreme Court Clarifies Double Jeopardy in Multiple Offenses: Guyton v. State Introduction Case: Dominique Guyton, Appellant (Defendant) vs. State of Indiana, Appellee (Plaintiff) Court:...

Curtis WILLIAMS v. STATE of Indiana: Affirmation of Double Jeopardy Protections and Standards for Ineffective Counsel

Date: Jul 9, 2002

Curtis WILLIAMS v. STATE of Indiana: Affirmation of Double Jeopardy Protections and Standards for Ineffective Counsel Introduction In the landmark case of Curtis Williams, Appellant (Defendant), v....

Equal Division of Marital Property Affirmed: Indiana Supreme Court in Fobar v. Vonderahe

Date: Jul 2, 2002

Equal Division of Marital Property Affirmed: Indiana Supreme Court in Fobar v. Vonderahe Introduction The case of Rose Fobar Vonderahe v. Anthony M. Vonderahe (771 N.E.2d 57) adjudicated by the...

Affirmation of Denial of Post-Conviction Relief: Standards for Ineffective Assistance of Counsel in Indiana

Date: Jun 27, 2002

Affirmation of Denial of Post-Conviction Relief: Standards for Ineffective Assistance of Counsel in Indiana Introduction The case of Christopher M. STEVENS v. STATE of Indiana, adjudicated by the...

Indiana Supreme Court Clarifies Double Jeopardy in Overlapping Felony Convictions

Date: Jun 26, 2002

Indiana Supreme Court Clarifies Double Jeopardy in Overlapping Felony Convictions Introduction The case of Michael L. Davis v. State of Indiana (770 N.E.2d 319) serves as a significant judicial...

Affirmation of Trial Court's Discretion in Custody Determinations: KIRK v. KIRK

Date: Jun 22, 2002

Affirmation of Trial Court's Discretion in Custody Determinations: KIRK v. KIRK Introduction KIRK v. KIRK (770 N.E.2d 304) is a pivotal case adjudicated by the Supreme Court of Indiana on June 21,...

Affirmation of Natural Parent Custody Presumption: Clear and Convincing Evidence Standard Established

Date: Jun 22, 2002

Affirmation of Natural Parent Custody Presumption: Clear and Convincing Evidence Standard Established Introduction The case of IN RE THE GUARDIANSHIP OF B.H. and S.H. (770 N.E.2d 283), adjudicated by...

Establishing Sufficiency of Evidence in Child Molestation Cases: Stewart v. State of Indiana

Date: May 25, 2002

Establishing Sufficiency of Evidence in Child Molestation Cases: Stewart v. State of Indiana Introduction The case of Dale Roger Stewart v. State of Indiana tackles significant issues surrounding the...

Reinforcing Ethical Obligations: The Scahill Reprimand

Date: May 21, 2002

Reinforcing Ethical Obligations: The Scahill Reprimand Introduction In the seminal case of James N. Scahill (767 N.E.2d 976), the Supreme Court of Indiana addressed critical issues surrounding...

Application of Harmless Error Doctrine and Sentencing Principles in Child Molestation Cases: BUCHANAN v. STATE

Date: May 11, 2002

Application of Harmless Error Doctrine and Sentencing Principles in Child Molestation Cases: BUCHANAN v. STATE Introduction BUCHANAN v. STATE is a pivotal case adjudicated by the Supreme Court of...

Affirmation of Sentence Despite Improper Aggravators: Pickens v. State of Indiana

Date: May 11, 2002

Affirmation of Sentence Despite Improper Aggravators: Pickens v. State of Indiana Introduction In the landmark case of Mark Pickens v. State of Indiana, 767 N.E.2d 530 (Ind. 2002), the Supreme Court...

Indiana Wage Payment Statute Now Governs Both Frequency and Amount of Employee Compensation

Date: Apr 23, 2002

Indiana Wage Payment Statute Now Governs Both Frequency and Amount of Employee Compensation Introduction The case of St. Vincent Hospital and Health Care Center, Inc. v. Robert J. Steele, M.D....

Admissibility of Evidence and Jury Instruction Standards in Murder Convictions: A Comprehensive Analysis of Malcolm Wilson v. State of Indiana

Date: Apr 17, 2002

Admissibility of Evidence and Jury Instruction Standards in Murder Convictions: A Comprehensive Analysis of Malcolm Wilson v. State of Indiana 1. Introduction Malcolm Wilson v. State of Indiana, 765...

Indiana Supreme Court Rules on Choice of Law in Multi-State Insurance Agency Misrepresentation Case

Date: Apr 3, 2002

Indiana Supreme Court Rules on Choice of Law in Multi-State Insurance Agency Misrepresentation Case Introduction In the case of Thomas G. Allen, et al. v. Great American Reserve Insurance Company and...

Judicial Estoppel Against the State in Criminal Proceedings: Insights from Omond J. SMITH v. STATE of Indiana

Date: Apr 3, 2002

Judicial Estoppel Against the State in Criminal Proceedings: Insights from Omond J. SMITH v. STATE of Indiana Introduction The case of Omond J. SMITH v. STATE of Indiana, adjudicated by the Supreme...