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.
As dog bite and dog control ordinances defendant admitted violating were not criminal, the ordinance judgments did not bar defendant’s prosecution for animal bite and failure to immunize from rabies misdemeanors even though all were based on the same conduct.
Sentence enhancement for burglary of a structure used for religious worship does not violate federal Constitution’s Establishment Clause or Indiana Constitution’s prohibition of government preference for a particular religion.