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Case Clips

Published by the Indiana Office of Court Services

Gray v. County of Starke, Ind., No. 64A03-1703-PL-585, __ N.E.3d __ (Ind. Ct. App., Aug. 29, 2017).

September 5, 2017 Filed Under: Civil Tagged With: Appeals, M. Bailey

“The excessive force objective reasonableness standard…may be instructive but does not provide a minimum threshold for termination of police employment when an allegation has been made that the officer violated an internal use of force rule.”

Pilkington v. Pilkington, No. 18S02-1708-PL-554, __ N.E.3d __ (Ind., Aug. 30, 2017).

September 5, 2017 Filed Under: Civil Tagged With: Per Curiam, Supreme

Trial court has subject matter jurisdiction to determine what interest in a trust was sold in Chapter 7 bankruptcy proceedings.

Porter v. State, No. 49A02-1703-CR-572, __ N.E.3d __ (Ind. Ct. App., Aug. 22, 2017).

August 29, 2017 Filed Under: Criminal Tagged With: Appeals, J. Baker

The roadside search of a passenger after a routine traffic stop was unduly invasive and marijuana discovered in her possession should not have been admitted into evidence at trial. 

Dill v. State, No. 59A01-1610-CR-2449, __ N.E.3d __ (Ind. Ct. App., Aug. 22, 2017).

August 29, 2017 Filed Under: Criminal Tagged With: Appeals, R. Shepard

Dealing in methamphetamine is not the same conduct as conspiracy to possess and distribute methamphetamine; State is not barred by Indiana’s double jeopardy statute from prosecution after defendant entered a guilty plea in federal court.

Washington v. Marion Cty. Prosecutor, No. 1:16-cv-02980-JMS-DML, (S.D. Ind., Aug. 18, 2017).

August 29, 2017 Filed Under: Civil Tagged With: Magnus-Stinson, S. District

Withholding a person’s seized vehicle without a post-seizure, pre-forfeiture hearing violates 5th and 14th Amendment due process protections. Southern District Court entered a permanent injunction prohibiting the defendants from enforcing Ind. Code 34-34-1-1(a)(1).

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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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