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Case Clips

Published by the Indiana Office of Court Services

In re Paternity of M.S., No. 19A-JP-1595, __ N.E.3d __ (Ind. Ct. App., April 6, 2020).

April 6, 2020 Filed Under: Civil Tagged With: Appeals, E. Tavitas, N. Vaidik

The time period relevant to establishing a de facto custodianship excludes any period of time after a child custody proceeding has been commenced and while it is pending. After a child custody proceeding has been commenced and has concluded, however, the calculation of the time relevant to a de facto custodian determination is not tolled.

Dearman v. State, No. 19A-CR-2951, __ N.E.3d __ (Ind. Ct. App., Mar. 25, 2020).

March 30, 2020 Filed Under: Criminal Tagged With: Appeals, E. Najam

Possession of hash oil is insufficient to sustain a conviction for possession of a controlled substance.

Pava v. State, No. 19A-CR-716, __ N.E.3d __ (Ind. Ct. App., Mar. 25, 2020).

March 30, 2020 Filed Under: Criminal Tagged With: Appeals, C. Darden

The objective reasonableness standard provides sufficient notice of what conduct crosses the line from mere discipline of a child to battery.

Bell v. State, No. 19A-CR-2354, __ N.E.3d __ (Ind. Ct. App., Mar. 30, 2020).

March 30, 2020 Filed Under: Criminal Tagged With: Appeals, P. Riley

While possession of a firearm, without more, cannot provide reasonable suspicion for an investigatory stop, evasive and aggressive behavior during a consensual encounter regarding an inquiry into possession of a firearm may provide reasonable suspicion to perform an investigatory stop and frisk.

Furbee v. Wilson, No. 19A-PL-1756, __ N.E.3d __ (Ind. Ct. App., March 30, 2020).

March 30, 2020 Filed Under: Civil Tagged With: Appeals, N. Vaidik

Before a landlord makes a decision about a tenant’s request for an emotional-support animal, it can conduct a “meaningful review” to determine whether the accommodation is required; this review includes requesting documentation, such as information about the disability and the disability-related need for the animal, and opening a dialogue.

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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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