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Case Clips

Published by the Indiana Office of Court Services

Collins Asset Group, LLC v. Alialy, No. 19S-CC-531, __ N.E.3d __ (Ind., Feb. 17, 2020).

February 24, 2020 Filed Under: Civil Tagged With: L. Rush, Supreme

Lender could recover equally under Ind. Code § 26-1-3.1-118 and Ind. Code § 34-11-2-9 because it filed suit within six years of acceleration.

Shield Global Partners-GI, LLC v. Forster, No. 19A-CC-1100, __ N.E.3d __ (Ind. Ct. App., Feb. 19, 2020).

February 24, 2020 Filed Under: Civil Tagged With: Appeals, P. Mathias

Indiana recognizes damages for inherent diminished value of personal property.

In re M.S., No. 19S-JC-50, __ N.E.3d __ (Ind., Feb. 20, 2020).

February 24, 2020 Filed Under: Juvenile Tagged With: S. David, Supreme

In a CHINS case, unlike the sixty-day deadline imposed by Ind. Code § 31-34-11-1(a) that may be waived by consent of the parties, the 120-day deadline contemplated by Ind. Code 31-34-11-1(b) may be enlarged only if a party shows good cause for a continuance.

Bean v. State, No. 19A-CR-225, __ N.E.3d __ (Ind. Ct. App., Feb. 13, 2020).

February 17, 2020 Filed Under: Criminal Tagged With: Appeals, J. Baker, M. May

A second or subsequent pat down search must by supported by specific and articulable facts that the suspect is armed and dangerous or incident to arrest.

Reynolds v. State, No. 19A-CR-880, __ N.E.3d __ (Ind. Ct. App., Feb. 14, 2020).

February 17, 2020 Filed Under: Criminal Tagged With: Appeals, C. Darden

Admission of a recorded forensic interview is prohibited if the child victim provides live trial testimony unless the Rules of Evidence provide an independent basis for admission. The forensic interviewer is also permitted to testify provided that: 1) the interview occurred soon after initial disclosure; (2) the interview was not lengthy; (3) the interviewer did not ask leading questions, and the victim’s parents were not participants; and (4) the interview occurred before a sexual assault examination.

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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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