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Case Clips

Published by the Indiana Office of Court Services

Smart v. State, No. 29A02-1412-CR-887, ___ N.E.3d ___ (Ind. Ct. App., Aug. 4, 2015).

August 7, 2015 Filed Under: Criminal Tagged With: Appeals, M. Barnes

Defendant’s admission to injecting “methamphetamine,” without more, was insufficient to prove that he injected the legend drug “methamphetamine hydrochloride”; there was no evidence or basis for judicial notice that the two substances were the same

Markey v. Estate of Markey, No. 89S05-1412-ES-749, __ N.E.3d __ (Ind., Aug. 4, 2015).

August 7, 2015 Filed Under: Civil Tagged With: M. Massa, Supreme

Plaintiff’s claim for breach of contract to make and not revoke mutual wills constitutes a “claim” as defined by the probate code in Ind. Code § 29-1-1-3(a)(2).

Zeller v. AAA Ins. Co., No. 64A05-1502-CT-84, __ N.E.3d __ (Ind. Ct. App., Aug. 4, 2015).

August 7, 2015 Filed Under: Civil Tagged With: Appeals, T. Crone

Insurer’s acceptance of insured’s payment reinstated the insurance policy.

Young v. Davis, No. 71A04-1501-CT-26, __ N.E.3d __ (Ind. Ct. App., Aug. 4, 2015).

August 7, 2015 Filed Under: Civil Tagged With: Appeals, J. Baker

The voluntary dismissal of the governmental entities did not constitute a “judgment” for purposes of ITCA, and so plaintiffs could continue their lawsuit against the government employee individually.

Buford v. State, No. 20A05-1408-CR-392, ___ N.E.3d ___ (Ind. Ct. App., July 24, 2015).

July 31, 2015 Filed Under: Criminal Tagged With: Appeals, M. May

Search warrant was invalid; uncorroborated anonymous tip of drug dealing at defendant’s home, plus police smelling burnt marijuana and seeing unspecified amount of marijuana “shake” on table in the home, did not establish probable cause of drug dealing.

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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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