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Supreme Court accepts 5 transfers

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The Indiana Supreme Court has taken five cases on transfer, including one that presents two issues of first impression on prejudgment interest.

In Kathy Inman v. State Farm Mutual Automobile Insurance Co., No. 41S01-1108-CT-515, the Indiana Court of Appeals found that state statute allows a litigant to receive prejudgment interest in an uninsured motorist case, even when it exceeds insurance policy limits for those types of claims. The appellate court looked at the Tort Prejudgment Interest Statute and cases from other courts to hold that a claim against one’s insurer for underinsured motorist benefits is a civil action arising out of tortious conduct and it’s appropriate to award prejudgment interest under Indiana Code 34-51-4-5.

The judges also looked to other courts for guidance on the issue of prejudgment interest in excess of the policy limits and held an insurer can be required to pay prejudgment interest in excess of uninsured and/or underinsured motorist limits in an action brought by an insured for failure to pay uninsured and/or underinsured motorist coverage.

The justices also took:

- Jimmie Ernest Jones Jr. v. State of Indiana, No. 29S02-1105-CR-511, in which the COA affirmed Jimmie Jones’ conviction of felony murder, holding the trial court didn’t err by refusing his tendered instructions on reckless homicide and involuntary manslaughter because evidence suggests Jones knowingly and willingly killed the victim.

- Mickey Cundiff v. State of Indiana, No. 31S05-1108-CR-512, in which the appellate court affirmed Mickey Cundiff’s conviction of Class D felony operating a vehicle while intoxicated, finding he wasn’t entitled to a speedy trial pursuant to Ind. Criminal Rule 4(B) despite his incarceration on an unrelated charge. A defendant must be incarcerated on the pending charges to be entitled to the benefits of the 70-day speedy trial rule, the court held.

- Jennings Daugherty v. State of Indiana, No. 89S01-1108-CR-513, in which the COA affirmed in a not-for-publication decision Jennings Daugherty’s convictions of and sentence for Class D felony intimidation, Class D felony operating a motor vehicle while intoxicated, two counts of Class B felony possession of a firearm by a serious violent felon, and his adjudication as a habitual offender. Daugherty claimed that the trial court’s denial of his motion to suppress constituted an abuse of discretion; his multiple convictions for possession of a firearm by a serious violent felon violated the prohibitions against double jeopardy; that the trial court erred in allowing the state to amend the habitual offender information; and his sentence was inappropriate.

- AOL LLC v. Indiana Dept. of State Revenue, No. 49S10-1108-TA-514, in which the Indiana Tax Court reversed the department of state revenue’s final determinations which denied AOL’s two claims for a refund. The court ordered the department to refund to AOL the use taxes it paid during the tax periods at issue.

The Supreme Court denied transfer to 37 cases, including Allan C. Bir v. Cynthia Bir, No. 06A01-1009-DR-449, in which the attorneys representing Allan asked the high court to take the case because they believed new child support guidelines are unconstitutional and the Court of Appeals doesn’t have the authority to go against them. Revisions in 2010 changed the payment scheme for high-income earners and raised the ceiling on child support obligations.
 

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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