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Case Clips

Published by the Indiana Office of Court Services

Meadows v. State, No. 39A01-1305-CR-215, __ N.E.2d __ (Ind. Ct. App., Jan. 29, 2014).

January 30, 2014 Filed Under: Criminal Tagged With: Appeals, J. Sharpnack

Statutes mandating credit for time served for probation and community corrections do not apply to a person in a conviction-deferral drug court program, so that it was within the program judge’s discretion to refuse to award credit for time served when the court terminated the defendant’s placement in the program.

C.L. v. State, No. 05A04-1306-JV-319, __ N.E.2d __ (Ind. Ct. App., Jan. 30, 2014).

January 30, 2014 Filed Under: Juvenile Tagged With: Appeals, E. Najam, J. Baker

Reverses delinquency adjudication for intimidation because child’s threats were all conditional about speculative or future events, not past conduct.

State Farm Mutual Automobile Ins. Co. v. Earl, No. 36A05-1212-CT-635, __ N.E.2d __ (Ind. Ct. App., Jan. 24, 2014).

January 30, 2014 Filed Under: Civil Tagged With: Appeals, J. Baker

Disclosure of uninsured motorist’s policy limits was irrelevant and prejudiced the jury.

Hutchison v. Trilogy Health Services, LLC, No. 30A01-1307-SC-316, __ N.E.2d __ (Ind. Ct. App., Jan. 30, 2014).

January 30, 2014 Filed Under: Civil Tagged With: Appeals, J. Kirsch

When the daughter agreed “to pay the facility the full amount of the resident’s income and resources that the Responsible Party/Agent controls or accesses,” in an agreement with a nursing home for her mother, and there was no evidence presented that daughter ever had access to or control of mother’s income or resources from which to make payment to the nursing home, the daughter was not liable for the nursing home costs.

Aslinger v. State, No. 35A02-1303-CR-296, __ N.E.2d __ (Ind. Ct. App., Jan. 23, 2014).

January 23, 2014 Filed Under: Criminal Tagged With: Appeals, M. Robb, P. Riley

Terry stop was improperly extended with a search for evidence. Instruction on methamphetamine manufacturing defense of being “briefly in” 1,000 feet of a park was properly rejected because the defendant was charged with dealing, not manufacturing, even though the charged was “grounded in manufacturing.”

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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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