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Case Clips

Published by the Indiana Office of Court Services

In re Unsupervised Estate of Owsley, No. 49A02-1701-EU-207, __ N.E.3d __ (Ind. Ct. App., Nov. 21, 2017).

November 27, 2017 Filed Under: Civil Tagged With: Appeals, E. Brown

Because the victims of the civil rights action are the decedent’s survivors, not the decedent himself, no estate needed to be open for the sole purpose of pursuing a federal civil rights action.

Buskirk v. Buskirk, No. 06A01-1610-DR-2296, __ N.E.3d __ (Ind. Ct. App., Nov. 15, 2017).

November 20, 2017 Filed Under: Civil Tagged With: Appeals, E. Brown

Contract between husband and wife, on keeping their property and income separate, entered into after marriage disagreement, was an enforceable reconciliation agreement made with valid consideration.

In re Adoption of J.R.O., No. 82A05-1706-AD-1331, __ N.E.3d __ (Ind. Ct. App., Nov. 16, 2017).

November 20, 2017 Filed Under: Civil Tagged With: Appeals, T. Crone

Ind. Code 31-19-9-18 does not require the filing of a written motion to contest an adoption; counsel’s oral objection was sufficient.

Edmonson v. State, No. 84A01-1609-PC-2150, __ N.E.3d __ (Ind. Ct. App., Nov. 9, 2017).

November 13, 2017 Filed Under: Criminal Tagged With: Appeals, M. May

Defendant’s PCR petition was not barred by the doctrine of laches because State failed to show prejudice; however, he was properly denied relief because the trial court was not required to advise him of collateral consequences of his guilty plea.

Duty v. CIT Group, No. 71A04-1704-MF-920, __ N.E.3d __ (Ind. Ct. App., Nov. 8, 2017).

November 13, 2017 Filed Under: Civil Tagged With: Appeals, C. Bradford

Debtor does not have standing to challenge an allegedly invalid assignment of the right to collect the debt.

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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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