Opinions Jan. 2, 2020

Keywords Opinions

Indiana Court of Appeals
Progressive Southeastern Insurance Co. v. Gregory Smith and Nolan Clayton, and Erie Insurance Group, Brackett Restaurant Group, LLC, d/b/a Stacked Pickle, and Allstate Insurance Company
Civil plenary. Reverses the Marion Superior Court’s order granting Gregory Smith’s motion to dismiss a declaratory judgment action and the order denying Progressive Southeastern Insurance Co.’s request for judgment on the bodily injury coverage and duty to defend declarations. Finds Progressive is entitled to judgement as a matter of law. Remands with instructions to declare that Smith is not entitled to bodily injury liability coverage under the policy and that Progressive does not have a duty to defend or indemnify Nolan Clayton; to deny Clayton’s motion for declaratory judgment; and to enter final judgement for Progressive.

Ray O. Crowell, Jr. v. State of Indiana (mem. dec.)
Post-conviction. Affirms the denial of Ray O. Crowell Jr.’s petition for post-conviction relief. Finds the Allen Superior Court’s denial is not clearly erroneous.

Zao G. Burrell v. State of Indiana (mem. dec.)
Post-conviction. Reverses and remands the Steuben Superior Court’s denial of Xao Burrell’s petition for post-conviction relief. Finds Burrell was entitled to a hearing on his petition for PCR pursuant to Indiana’s Post-Conviction Rules. Judge Elaine Brown concurs in result without separate opinion.

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