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Case Clips

Published by the Indiana Office of Court Services

McGowen v. Montes, No. 19A-CT-1707, __ N.E.3d __ (Ind. Ct. App., Aug. 6, 2020).

August 10, 2020 Filed Under: Civil Tagged With: Appeals, E. Friedlander

Defendant was rendering emergency care, for purposes of the Good Samaritan Law, when he stopped his vehicle and offered to call 911.

State v. Herrmann, No. 20A-CR-307, __ N.E.3d __ (Ind. Ct. App., Jul. 29, 2020).

August 3, 2020 Filed Under: Criminal Tagged With: Appeals, N. Vaidik

While it is well settled that if the elected prosecutor has a conflict of interest, the whole office is disqualified; it is not necessary to disqualify the whole office if one deputy has a conflict of interest.

Willet v. State, No. 19A-CR-2699, __ N.E.3d __ (Ind. Ct. App., Jul. 31, 2020).

August 3, 2020 Filed Under: Criminal Tagged With: Appeals, M. Robb, N. Vaidik

Petition which challenges release date of parole based on a claim that Petitioner’s sentence has expired, is properly filed as a habeas corpus petition

Spencer v. State, No. 20A-MI-636, __ N.E.3d __ (Ind. Ct. App., Aug. 3, 2020).

August 3, 2020 Filed Under: Criminal Tagged With: Appeals, P. Mathias

To be a sexually violent predator as defined by Indiana Code Section 35-38-1-7.5, a defendant must have committed a crime that is substantially equivalent to the offenses listed in subsections (A) through (J) of the statute, and for child molesting “as a…Level 1, Level 2, Level 3, or Level 4 felony (for a crime committed after June 30, 2014)[.]”

Anonymous Physician 1 v. White, No. 19A-CT-1262, __ N.E.3d __ (Ind. Ct. App., July 29, 2020).

August 3, 2020 Filed Under: Civil Tagged With: Appeals, R. Pyle

Plaintiff, son who learned that physician had used physician’s own sperm rather than a medical school resident’s donor sperm to artificially inseminate his mother, sufficiently stated breach of contract and tort claims for which relief can be granted.

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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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