ILNews

Supreme Court accepts 5 transfers

Back to TopCommentsE-mailPrintBookmark and Share

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.
 

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. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

ADVERTISEMENT