Opinions June 1, 2011

June 1, 2011
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Indiana Supreme Court
Jeffery Sloan v. State of Indiana
Criminal. Affirms convictions of and sentence for Class A felony and Class C felony child molesting. Holds once concealment has been established, statutes of limitations for criminal offenses are tolled under Indiana Code 35-41-4-2(h) until a prosecuting authority becomes aware or should have become aware of sufficient evidence to charge the defendant. Also holds that under the facts of this case, there was no double jeopardy violation because each challenged offense was established by separate and distinct facts. Justices Sullivan and Rucker dissent.
Indiana Court of Appeals
Eddie Vance, Jr. v. State of Indiana
Criminal. Affirms decision to recommit Vance to the Department of Correction because he was released for parole prematurely. The trial court had personal jurisdiction over him and acted within a reasonable time when it reordered him back to the DOC.

Jonathan Wirth v. American Family Mutual Insurance Co.
Civil tort. Affirms summary judgment in favor of American Family Mutual Insurance, in which the court found American Family is entitled to repayment of its medical lien pursuant to its insurance contract with Wirth. Wirth negotiated his settlement with the tortfeasor, which was completely satisfied as evidenced by the executed Release of All Claims form. In absence of any evidence that the settlement was reasonable and American Family’s lien should be reduced, American Family is entitled to complete repayment of its medical lien.

Antione A. Smith v. State of Indiana (NFP)
Criminal. Affirms convictions of Class D felony battery and Class A misdemeanor resisting law enforcement.

Joseph K. Todd v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class D felony failure to appear.

Julius Cabell v. State of Indiana (NFP)
Criminal. Affirms denial of motion to suppress marijuana and statements made to police.

William Soper v. State of Indiana (NFP)
Criminal. Affirms denial of motion for jail time credit.

nvoluntary Commitment of A.K. (NFP)
Mental health. Affirms order for A.K.’s regular involuntary commitment.

Indiana Tax Court had posted no opinions at IL deadline.



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