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High court to hear insurance, drug, murder cases

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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.

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  1. Compromising precious constitutional rights in order to protect them? Rather like the military intelligence slogan that the town had to be destroyed in order to save it. Looks like Joseph, Mary and Baby Jesus will have quite the eventful Boxing Day this year. Wise men will arrive to find no one to accept their gifts? Oh well, wisdom not all that desired this xmas anyway. Maybe the ACLU and Christian attorneys can work out a "three days every third year" visitation compromise and all of this messy litigation stuff can just be boxed up as well? It is an art form, now isn't it? Thomas More, a man of manifold compromises is undoubtedly cheering on wildly.

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

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