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Case Clips

Published by the Indiana Office of Court Services

Walton v. State, No. 79A04-1604-CR-768, __ N.E.3d __ (Ind. Ct. App., Aug. 4, 2017).

August 7, 2017 Filed Under: Criminal Tagged With: Appeals, M. Bailey, N. Vaidik

A serious violent felon who possesses more than one firearm has committed more than one offense.

Edwards v. Edwards, No. 64A03-1608-DR-1954, __ N.E.3d __ (Ind. Ct. App., Aug. 3, 2017).

August 7, 2017 Filed Under: Civil Tagged With: Appeals, J. Sharpnack

Dissolution court had jurisdiction over the disbursement of pension and retirement benefits after the death of one of the parties to the dissolution.

Tucker v. Tom Raper, Inc., No. 89A01-1702-CC-463, __ N.E.3d __ (Ind. Ct. App., Aug. 3, 2017).

August 7, 2017 Filed Under: Civil Tagged With: Appeals, M. Robb

The trial court erred in dismissing alleged third-party beneficiaries’ complaint for failing to comply with T.R. 9.2(A) and attaching a written contract to their complaint; third-party beneficiary status is not solely dependent upon a written contract.

McGrath v. State, No. 49A04-1610-CR-2270, __ N.E.3d __ (Ind. Ct. App., July 31, 2017).

July 31, 2017 Filed Under: Criminal Tagged With: Appeals, C. Bradford, J. Kirsch

Probable cause to obtain a search warrant to use thermal imaging technology must be based on evidence that corroborates a tip that criminal activity has occurred or is occurring at a place, and not solely on the training and experience of law enforcement officers.

In re Paternity of G.G.B.W., No. 49A04-1611-JP-2474, __ N.E.3d __ (Ind. Ct. App., July 22, 2017).

July 31, 2017 Filed Under: Civil Tagged With: Appeals, M. Bailey

When the Agreed Decree of Paternity requires that Child be vaccinated based on her school’s requirements and that Mother is in contempt for submitting the religious objection form to circumvent the parties’ agreement, there is a substantial change in Mother’s ability to communicate and cooperate with Father in advancing Child’s welfare and the trial court should modify legal custody of Child for the limited purpose of making medical decisions concerning vaccinations.

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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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