Indiana Court of Appeals
State of Indiana v. Craig Cooper
49A02-0907-PC-599
Post conviction. Affirms grant of Cooper’s request for post-conviction relief. Cooper has demonstrated the requisite prejudice because he would not have pleaded guilty to the charged offense had he known that there was no basis for that charge and he was prejudiced by the inadequate factual basis that was presented at the guilty plea hearing. Judge Robb dissents.
Indiana Farmers Mutual Ins. Co. v. North Vernon Drop Forge, et al.
40A05-0904-CV-220
Civil. Affirms summary judgment in favor of North Vernon, Reid, White, Crane, and Dibble, but reverses that portion of the trial court’s judgment ordering untimely indemnification. Holds that the forge owner’s affidavit testimony may be considered along with the underlying complaint when assessing the insurer’s duty to defend; the factual allegations sufficiently disclose an unintended “occurrence” requiring the insurer to defend in the underlying suit; coverage is not foreclosed by the policy’s intentional acts exclusion; the insurer was not prejudiced by untimely notice of occurrence; and the trial court erroneously ordered indemnification before the conclusion of the underlying litigation.
McClure & O’Farrell, P.C. v. Patricia A. Grigsby v. Charles E. Grigsby
29A05-0907-CV-395
Civil. Reverses order awarding attorney’s fees to Patricia. The law firm did not act unreasonably by opposing her petition for an accounting of the law firm’s services to her deceased, estranged husband in their divorce proceeding.