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Case Clips

Published by the Indiana Office of Court Services

Wilson v. State, No. 49A04-1706-CR-1201, __ N.E.3d __ (Ind. Ct. App., March 22, 2018).

March 26, 2018 Filed Under: Criminal Tagged With: Appeals, M. May

When, without probable cause, police officers approached defendant at gunpoint and handcuffed him, and defendant remained handcuffed and guarded by one or the other officer while two searches of his vehicle were conducted, the officers’ actions exceeded the scope of an investigatory stop and became an arrest without probable cause.

Care Group Heart Hospital, LLC v. Sawyer, No. 49S05-1710-PL-671,__ N.E.3d __ (Ind., March 23, 2018).

March 26, 2018 Filed Under: Civil Tagged With: L. Rush, Supreme

The Court enforced the plain meaning of the contract; “terminated for any reason” means any termination, for any reason.

In re the Adoption of E.B.F., No. 18S-AD-167, __ N.E.3d __ (Ind., March 23, 2018

March 26, 2018 Filed Under: Civil Tagged With: G. Slaughter, S. David, Supreme

Mother’s consent was necessary to grant the adoption because (1) although Mother failed to have significant communication with Child for a period of more than one year, her willingness to shield her son from the adverse effects of her addiction, coupled with her good-faith attempt at recovery and noticeable progress, constitute justifiable cause for her failure to communicate. (2) Father and Stepmother thwarted whatever occasional attempts Mother made to communicate with Child, in violation of the agreed-upon custody modification order.

S.B. v. Seymour Comm. Schools, No. 36A01-1710-PO-2252, __ N.E.3d __ (Ind. Ct. App., March 26, 2018).

March 26, 2018 Filed Under: Civil Tagged With: Appeals, E. Najam

School corporations, through their officials, are permitted to act on behalf of their students to seek orders for protection against threatening individuals.

Kempf v. Clerk of Vanderburgh Cnty., No. 82S01-1705-PL-334,__ N.E.3d __ (Ind., March 26, 2018).

March 26, 2018 Filed Under: Civil Tagged With: G. Slaughter, S. David, Supreme

A civil-judgment-creditor can garnish a cash bond held by a court clerk that a judgment-debtor has posted in an unrelated criminal matter, but those funds are available to the judgment-creditor only if the criminal court has ordered the bond released.

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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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