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Case Clips

Published by the Indiana Office of Court Services

Salyer v. Washington Regular Baptist Church Cemetery, No. 19A-PL-243, __ N.E.3d __ (Ind. Ct. App., Oct. 30, 2019).

November 4, 2019 Filed Under: Civil Tagged With: Appeals, J. Kirsch, R. Altice

Trial court did not abuse its discretion in fashioning a remedy that required the cemetery to provide plaintiff with a different gravesite rather than ordering the cemetery to have the individual buried in the gravesite she had previously purchased reinterred elsewhere so as to restore the gravesite for her use.

Cozmanoff v. State, No. 19A-CR-1426, __ N.E.3d __ (Ind. Ct. App., Oct. 22, 2019).

October 28, 2019 Filed Under: Criminal Tagged With: Appeals, E. Brown

Regardless of whether the conviction was entered prior to 2015, an operator of a vehicle convicted of reckless homicide is not eligible for specialized driving privileges.

Watson v. State, No. 18A-CR-1099, __ N.E.3d __ (Ind. Ct. App., Oct. 22, 2019).

October 28, 2019 Filed Under: Criminal Tagged With: Appeals, R. Altice

Evidence of internet searches on sexual topics are not admissible under Indiana Rule of Evidence 412 when the defense is unable to establish that the victim had exclusive control of the device upon which the searches were conducted.

Dilley v. State, No. 19A-CR-173, __ N.E.3d __ (Ind. Ct. App., Oct. 23, 2019).

October 28, 2019 Filed Under: Criminal Tagged With: Appeals, P. Riley

A trial court errs when it grants the State’s motion for continuance, based the unavailability of laboratory testing results, under Criminal Rule 4(D), where the State fails to establish diligence.

Gibson v. State, No. 22S00-1601-PD-00009, 22S00-1608-PD-00411, __ N.E.3d __ (Ind., Oct. 24, 2019).

October 28, 2019 Filed Under: Criminal Tagged With: M. Massa, Supreme

Gibson, who was sentenced to death, received the effective assistance of trial counsel

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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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