Opinions Dec. 12, 2014

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Indiana Court of Appeals
Central Mutual Insurance Company v. Motorists Mutual Insurance Company
49A04-1405-CT-214
Civil tort. Affirms on interlocutory appeal the trial court order denying Central’s motion for partial summary judgment and granting Motorists’ motion for partial summary judgment. The trial court did not err in finding that Central provided primary coverage to a truck driver injured in a crash and that the Motorists policy provided excess coverage only when the limits of the Central policy had been reached.

Thomas Birge v. State of Indiana (NFP)
49A02-1404-CR-231
Criminal. Majority judges Margret Robb and James Kirsch affirm conviction of Class A misdemeanor battery. Dissenting Judge John Baker would reverse the conviction, finding Birge was entitled to use reasonable force to defend his property under the defense of property statute, I.C. § 35-41-3-2(d)-(e).

Jeremy K. Blue v. State of Indiana (NFP)
45A03-1404-CR-113
Criminal. Affirms convictions and aggregate 80-year sentence for murder and Class B felony robbery.

Jerry Horton v. State of Indiana (NFP)
34A02-1405-CR-375
Criminal. Dismisses as moot an appeal challenging revocation of probation.
 

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