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Case Clips

Published by the Indiana Office of Court Services

Civil

White v. Canal Ins. Co., No. 71A03-1602-CT-270, __ N.E.3d __ (Ind. Ct. App., Sept. 8, 2016).

September 12, 2016 Filed Under: Civil Tagged With: Appeals, E. Najam

As a matter of law, service on out-of-state defendant at the home address provided to the police at the time of the time of the accident and service on the defendant company through the Indiana Secretary of State was consistent with due process and reasonably calculated to inform the defendants that an action had been instituted against them.

D.A. v. State, No. 48S02-1604-MI-183, __ N.E.3d __ (Ind., Sept. 1, 2016).

September 6, 2016 Filed Under: Civil, Criminal Tagged With: L. Rush, Supreme

“Under the plain language of Indiana Code section 35-38-9-4, civil forfeitures are not included within the “conviction records” that may be expunged.”

In re R.S., No. 49S04-1606-JT-350, __ N.E.3d __ (Ind., Aug. 16, 2016).

August 22, 2016 Filed Under: Civil Tagged With: S. David, Supreme

Given the loving bond parent and child share, parent’s successful completion of multiple self-improvement and parenting courses, parent’s successful completion of probation, parent’s repeatedly expressed desire to parent child, and his exercise of regular visitation with child, the trial court’s findings do not clearly and convincingly support its conclusion that termination of parental rights is in the best interests of the child.

In re A.H., No. 49A04-1601-JC-42, __ N.E.3d __ (Ind. Ct. App., Aug. 18, 2016).

August 22, 2016 Filed Under: Civil Tagged With: Appeals, J. Baker

A CHINS adjudication is inappropriate when a parent is willing to provide care to the child without the coercive intervention of the court.

J.B. Hunt Transport, Inc. v. Guardianship of Zak, No. 45A03-1506-CT-670, __ N.E.3d __ (Ind. Ct. App., Aug. 18, 2016).

August 22, 2016 Filed Under: Civil Tagged With: Appeals, J. Baker

Evidence of post-accident investigations is not automatically excluded as a subsequent remedial measure.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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