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Case Clips

Published by the Indiana Office of Court Services

Hurley v. State, No. 49S05-1705-CR-346, __ N.E.3d __ (Ind., May 31, 2017).

June 5, 2017 Filed Under: Criminal Tagged With: G. Slaughter, Supreme

Unless an individual clearly manifests an unwillingness to submit to a breathalyzer, a law-enforcement officer must administer a second test if the first returns an “insufficient sample” message.

Campbell v. George, No. 41A01-1607-SC-1723, __ N.E.3d __ (Ind. Ct. App., May 30, 2017).

June 5, 2017 Filed Under: Civil Tagged With: Appeals, P. Mathias

A magistrate cannot enter a final appealable order in a small claims case.

Elwood v. Parker, No. 46A05-1609-DR-2005, __ N.E.3d __ (Ind. Ct. App., May 30, 2017).

June 5, 2017 Filed Under: Civil Tagged With: Appeals, P. Mathias

A parent is not relieved of a child support arrearage even if 20 years have passed since the divorce, children were alienated from the parent by the other parent, or a third party acted in loco parentis and supported the children.

Aillones v. Minton, No. 82A01-1609-CT-2138, __ N.E.3d __ (Ind. Ct. App., May 30, 2017).

June 5, 2017 Filed Under: Civil Tagged With: Appeals, P. Mathias

No blanket rule prevents a nurse as acting as an expert witness. Nurse practitioner could testify that, in his expert opinion, plaintiff’s injuries were consistent with injuries from an automobile accident.

B&R Oil Co., Inc. v. Stoler, No. 71A04-1603-PL-608, __ N.E.3d __ (Ind. Ct. App., May 30, 2017).

June 5, 2017 Filed Under: Civil Tagged With: Appeals, E. Najam, M. Bailey

Lessor may not circumvent a lessee’s contractual right of first refusal to purchase the leased premises by submitting a third-party offer to the lessee in which the leased premises are bundled with other property.

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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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