ILNews

High court to hear insurance, drug, murder cases

Back to TopCommentsE-mailPrint

The Indiana Supreme Court accepted three cases June 3, including two cases in which the Indiana Court of Appeals were split in their rulings on a drug case and an insurance case.  

In Lisa Gray v. State of Indiana, No.82S01-1106-CR-328, the majority of appellate judges reversed Lisa Gray’s conviction of Class A misdemeanor possession of marijuana, finding the state failed to prove beyond a reasonable doubt that Gray constructively possessed the drug. The majority cited Gee v. State, 810 N.E.2d 338, 340 (Ind. Ct. App. 2004), to support their decision.

Judge Cale Bradford dissented and disagreed with how the additional circumstances in Gee were used by the majority to determine intent to maintain dominion and control over the drug. He also believed that the state produced evidence that Gray was in close proximity to the marijuana and it was in plain view. That should be more than enough evidence to find she knew of the drug, he wrote.

In Allied Property and Casualty Insurance Co. v. Linda Good and Randall Good, No. 85S04-1106-CV-326, the lower appellate court was split on the definition of “ever” on a home insurance application when it came to whether the homeowners’ insurance coverage was ever “declined, cancelled, or non-renewed.”

A March 2003 fire destroyed Linda and Randall Good’s home. They sued for breach of contract after the insurer held off paying the claim because of the investigation of the fire. Allied countersued, arguing that Linda misrepresented her insurance cancellation history on its application regarding whether she ever had insurance coverage denied or cancelled. The jury awarded more than $1 million in damages to Linda, but the Court of Appeals reversed, finding Linda’s misrepresentation on the application was material.

Judge L. Mark Bailey dissented, finding the application field about past insurance cancellations was unclear as to whether “ever” included all insurance companies or just Allied.

The justices also accepted Brice Webb v. State of Indiana, No. 71S05-1106-CR-329, in which Brice Webb appealed his conviction of murder for shooting his girlfriend. In a not-for-publication decision, the Indiana Court of Appeals affirmed his conviction, finding the trial court didn’t err in refusing to instruct the jury on reckless homicide as a lesser included offense to murder; it didn’t err in allowing the state to charge Webb as an habitual offender beyond the statutory period allowed for amending charges; and it didn’t abuse its discretion in admitting the videotape of Webb’s police interview.

In addition to these cases, the justices also took Richmond State Hospital, et al. v. Paula Brattain, et al., No. 49S02-1106-CV-327.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

ADVERTISEMENT