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Case Clips

Published by the Indiana Office of Court Services

Tunstall v. Manning, No. 49A04-1711-CT-2572, __ N.E.3d __ (Ind. Ct. App., Aug. 20, 2018).

August 20, 2018 Filed Under: Civil Tagged With: Appeals, J. Baker, R. Altice

Trial court did not abuse its discretion by refusing to allow Defendant to cross-examine Plaintiff’s expert witness about his disciplinary history with the Medical Licensing Board.

Crittendon v. State, No. 18A-CR-206, __ N.E.3d __ (Ind. Ct. App., Aug. 8, 2018).

August 13, 2018 Filed Under: Criminal Tagged With: Appeals, N. Vaidik

Defendant was properly convicted of possession of heroin, without the introduction of the drug itself, when he admitted using heroin and showed clear signs of a heroin overdose.

D.M. v. State, No. 49A02-1711-JV-2708, __ N.E.3d __ (Ind. Ct. App., Aug. 8, 2018).

August 13, 2018 Filed Under: Juvenile Tagged With: Appeals, C. Darden

When juvenile defendant’s attorney vigorously argued in favor of placing him on probation and submitted a plan for the juvenile court’s review, the court’s failure to specifically ask juvenile defendant if he wanted to make a statement was not a blatant violation of basic principles, did not pose a potential of substantial harm, and did not deprive him of fundamental due process. However, courts are strongly encouraged to afford juvenile delinquents the opportunity to address the court before final disposition.

Hall v. State, No. 17A-CR-3022, __ N.E.3d __ (Ind. Ct. App., Aug. 1, 2018).

August 6, 2018 Filed Under: Criminal Tagged With: Appeals, E. Najam

“[W]e need not decide whether there might have been any error in the filing of the petition by the prosecuting attorney instead of the director of community corrections because we hold that any potential error was a procedural, not jurisdictional, error.”

Fairbanks v. State, No. 49A02-1707-CR-1675, __ N.E.3d __ (Ind. Ct. App., Aug. 1, 2018).

August 6, 2018 Filed Under: Criminal Tagged With: Appeals, N. Vaidik, R. Pyle

The trial court properly admitted evidence that the defendant’s daughter’s death was no accident under Evid. Rule 404(b)’s lack-of-accident purpose, even though the defendant did not affirmatively claim mistake or accident.

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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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