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Case Clips

Published by the Indiana Office of Court Services

Civil

In re Termination of Parental Rights of J.H., No. 02A05-0807-JV-410, ___ N.E.2d ___ (Ind. Ct. App., Jan. 12, 2009)

January 16, 2009 Filed Under: Civil Tagged With: Appeals, C. Bradford

Indiana Code § 31-32-9-1(d) does not exempt DCS from compliance with service of process Trial Rules, but DCS nevertheless adequately complied with such rules to satisfy due process considerations.

Allied Property & Cas. Ins. Co. v. Good, No. 85A04-0902-CV-89, ___ N.E.2d ___ (Ind. Ct. App., Dec. 31, 2009)

January 11, 2009 Filed Under: Civil Tagged With: Appeals, N. Vaidik

If a trial court finds that an attorney or party caused a mistrial by egregiously violating an order in limine, the trial court has the inherent power to sanction him or her.

Wagler v. West Boggs Sewer District, Inc., No. 14S00-0710-CV-397, ___ N.E.2d ___ (Ind., Dec. 24, 2008)

January 9, 2009 Filed Under: Civil Tagged With: F. Sullivan, Supreme

Sewer districts have authority to condemn land via eminent domain.

Newkirk v. Bethlehem Woods Nursing & Rehab. Ctr., LLC, No. 90S05-0812-CV-768, ___ N.E.2d ___ (Ind., Dec. 24, 2008)

January 9, 2009 Filed Under: Civil Tagged With: F. Sullivan, Supreme

The statute of limitations for the Indiana Wrongful Death Act (“WDA”) can expire before the statute of limitations for an underlying substantive tort claim, and vice versa. See also Technisand, Inc. v. Estate of Melton ex rel. Melton, — N.E.2d —, No. 30S01-0801-CV-28, slip op. (Ind. Dec. 24, 2008).

Gibson v. Indiana Dep't of Correction, No. 49A04-0803-CV-165, ___ N.E.2d ___ (Ind. Ct. App., Dec. 29, 2008)

January 9, 2009 Filed Under: Civil Tagged With: Appeals, T. Crone

The Sex and Violent Offender Registry statute does not violate sections 12 and 23 of Article 1 of the Indiana Constitution; in addition, the registry statute consistently requires lifetime registration by some but not all violent offenders.

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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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