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Case Clips

Published by the Indiana Office of Court Services

Civil

Smith v. Wrigley, No. 33A05-0903-CV-156, ___ N.E.2d ___ (Ind. Ct. App., June 25, 2009)

June 26, 2009 Filed Under: Civil Tagged With: Appeals, P. Riley

Because inmate’s claims were neither legally nor factually frivolous, trial court erred in dismissing his complaint under the Frivolous Claim Law.

Breaston v. State, No. 20S04-0810-CR-561, __N.E.2d __ (Ind., June 16, 2009)

June 24, 2009 Filed Under: Civil Tagged With: B. Dickson, Supreme

Rule that habitual offender portions of sentences cannot be consecutive applies even when mandatory consecutivity statute applies.

Burke v. Bennett, No. 84S01-0904-CV-148, ___ N.E.2d ___ (Ind., June 16, 2009)

June 24, 2009 Filed Under: Civil Tagged With: B. Dickson, Supreme

Mayoral candidate’s allegation that his opponent was disqualified due to certain pre-election employment was inapplicable to establish ineligibility in a post-campaign election contest.

Spar v. Cha, No. 45S05-0906-CV-273, ___ N.E.2d ___ (Ind., June 16, 2009)

June 24, 2009 Filed Under: Civil Tagged With: Supreme, T. Boehm

Incurred risk is not a defense to medical malpractice based on negligence or lack of informed consent; plaintiff’s consents to prior surgeries were admissible to counter her lack-of-informed-consent claim to the extent that claim was based on failure to inform her of typical risks in the procedure.

Dowdell v. City of Jeffersonville, No. 10A04-0811-CV-676, ___ N.E.2d ___ (Ind. Ct. App., June 9, 2009)

June 16, 2009 Filed Under: Civil Tagged With: Appeals, J. Baker, T. Crone

Jeffersonville ordinance that prohibited convicted sex offenders from entering public parks was unconstitutional as applied under the prohibition on ex post facto laws in the Indiana Constitution.

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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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