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Case Clips

Published by the Indiana Office of Court Services

Messmer v. KDK Financial Svcs., Inc., No. 53A01-1701-PL-139, __ N.E.3d __ (Ind. Ct. App., Sept. 14, 2017).

September 18, 2017 Filed Under: Civil Tagged With: Appeals, P. Riley

The continuing representation doctrine for statute of limitations is not applicable to financial advisers or fraud allegations.

Archer v. State, No. 49S04-1705-CR-00288, __ N.E.3d __ (Ind., Sept. 6, 2017).

September 11, 2017 Filed Under: Criminal Tagged With: S. David, Supreme

Because the defendant agreed to pay restitution and there is evidence in the record that she is able to work and hopes to secure employment in the future, the trial court did not abuse its discretion in ordering defendant to pay restitution.

Thomas v. State, No. 27S02-1703-CR-170, __ N.E.3d __ (Ind., Sept. 7, 2017).

September 11, 2017 Filed Under: Criminal Tagged With: S. David, Supreme

The totality of evidence must be considered following a traffic stop to establish probable cause to detain an individual suspected of narcotics possession; a canine alert alone is not sufficient.

Ellis v. Keystone Construction Corp., No. 32A01-1607-PL-1477, __ N.E.3d __ (Ind. Ct. App., Sept. 5, 2017).

September 11, 2017 Filed Under: Civil Tagged With: Appeals, P. Mathias

By intentionally omitting his claimed ownership interest in a company from his dissolution Settlement Agreement, plaintiff is now judicially estopped from asserting a claim of an ownership interest in the company.

Muldowney v. Lincoln Park, LLC, No. 29A02-1610-SC-2439, , __ N.E.3d __ (Ind. Ct. App., Sept. 8, 2017).

September 11, 2017 Filed Under: Civil Tagged With: Appeals, M. Barnes

Although small claims trials should be informal, the parties must still have the opportunity to present evidence or sworn testimony in support of their positions.

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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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