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Monday, March 13, 2006

Ind. Decisions - Court of Appeals issues two today

In American Family Mutual Ins. Co. v. Eugene Ginther, Robert Beckner, et al, a 10-page opinion, Judge Vaidik writes:

American Family Mutual Insurance Company appeals the trial court’s order that it is liable for post-judgment interest in the amount of $38,000.00 to Eugene H. Ginther, Mary Ginther, James O. Clay, and Imogene Clay (collectively “Plaintiffs”) on a $100,000.00 judgment Plaintiffs obtained against American Family’s insured, Robert Beckner. Because the insurance policy at issue requires American Family to pay compensatory damages for which its insured is legally liable and because post-judgment interest is part and parcel of a money judgment, we affirm the trial court’s order that American Family is liable for post-judgment interest in the amount of $38,000.00.
In Mark Oliver v. State of Indiana, a 16-page opinion, Senior Judge Ratliff concludes:
The post-conviction court did not err by finding that Petitioner’s claim was barred by laches. There was a sufficient factual basis to support Petitioner’s guilty plea. The record does not reveal that Petitioner simultaneously protested his innocence while pleading guilty. Petitioner’s plea was knowingly, intelligently, and voluntarily made. Last, Petitioner did receive effective assistance of counsel.

Posted by Marcia Oddi on March 13, 2006 12:13 PM
Posted to Ind. App.Ct. Decisions