Evidence of constructive possession of marijuana, found in defendant’s house under her coffee table next to two juveniles on the couch, was insufficient to convict.
Record of defendant’s felony conviction reached in another state when he was fifteen years old was insufficient to support habitual offender finding without additional evidence on the other state’s procedures assuring that he was convicted as an adult.
Statement of mortally wounded victim to police was not “testimonial” under Crawford Confrontation Clause holding because circumstances indicated “primary purpose” of the police questions eliciting statement was to “meet an ongoing emergency.”
Lakes v. Grange Mutual Casualty Co., No. 89A05-1009-CT-549, ___ N.E.2d ___ (Ind. Ct. App., Feb. 28, 2011)
Ind. Code § 27-7-5-4(b) requires a per person liability limit comparison to determine underinsurance, and the mandatory per person limit for underinsured coverage pursuant to Ind. Code § 27-7-5-2 is $50,000.
B&B, LLC v. Lake Erie Land Co., No. 45A04-1002-PL-183, ___ N.E.2d ___ (Ind. Ct. App., Feb. 28, 2011)
A landowner, who raises the subterranean water table on his land and creates a federally regulated wetland, may not invoke the common enemy doctrine of water diversion and shield himself from liability to adjoining landowners whose property also became federally regulated wetlands.