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Case Clips

Published by the Indiana Office of Court Services

Civil

Estate of Latek, No. 64A05-1103-ES-112, ___ N.E.2d ___ (Ind. Ct. App., Jan. 4, 2012).

January 5, 2012 Filed Under: Civil Tagged With: Appeals, E. Friedlander

“[T]he effect of another state’s determination that a will is invalid has no effect on the validity of the will in Indiana as it pertains to the disposition of real property located in Indiana.”

State v. Economic Freedom Fund, No. 07S00-1008-MI-411, ___ N.E.2d ___ (Ind., Dec. 29, 2011).

December 29, 2011 Filed Under: Civil Tagged With: F. Sullivan, S. David, Supreme

The First Amendment claim against the Indiana Autodialer Law by an entity that uses an automated dialing device to deliver prerecorded political messages would likely fail; further, there is no reasonable likelihood of success on the merits of the entity’s claim that the Autodialer Law’s live-operator requirement materially burdens its right to engage in political speech in violation of the state constitution.

Snyder v. King, No. 94S00-1101-CQ-5, ___ N.E.2d ___ (Ind., Dec. 15, 2011).

December 21, 2011 Filed Under: Civil Tagged With: F. Sullivan, Supreme

Misdemeanor battery is not an “infamous crime” for the purpose of Article II, § 8, of the Indiana Constitution, which authorizes the General Assembly to disenfranchise “any person convicted of an infamous crime”; additionally, the General Assembly has separate constitutional authority to cancel the registration of any person incarcerated following conviction, for the duration of incarceration.

Spangler v. Bechtel, No. 49S05-1012-CV-70, ___ N.E.2d ___ (Ind., Dec. 13, 2011).

December 15, 2011 Filed Under: Civil Tagged With: B. Dickson, Supreme

“[P]arents’ separate actions seeking damages for emotional distress from experiencing the
stillbirth of their child are not barred by the Indiana Child Wrongful Death Act or the Indiana
Medical Malpractice Act.”

Ishiii v. Young, No. 49A02-1103-PL-31, ___ N.E.2d ___ (Ind. Ct. App., Dec. 6, 2011).

December 8, 2011 Filed Under: Civil Tagged With: Appeals, E. Brown

A trial court lacks jurisdiction to review the actions of another court or to issue a writ of mandate or prohibition against another trial court.

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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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