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Case Clips

Published by the Indiana Office of Court Services

A.C. v. N.J., No. 20A04-1301-DR-37, __ N.E.2d __ (Ind. Ct. App., Oct. 31, 2013).

October 31, 2013 Filed Under: Civil Tagged With: Appeals, E. Friedlander

The trial court properly declined to enforce the agreement between mother and her former partner that partner would be child’s parent, but the partner does have standing to seek visitation.

Griffin v. State, No. 49A02-1212-CR-964, __ N.E.2d_ (Ind. Ct. App., Oct. 23, 2013).

October 24, 2013 Filed Under: Criminal Tagged With: Appeals, M. Bailey, P. Mathias, R. Shepard

When there is no indication of possible criminal activity, a citizen who walks away after a police officer orders him to stop does not commit the crime of resisting arrest by departing.
“[I]n the absence of statutory authority, a court may not impose community service in lieu of costs and fees.”

McGee v. McGee, No. 45A04-1301-DR-33, __ N.E.2d __ (Ind. Ct. App., Oct. 24, 2013).

October 24, 2013 Filed Under: Civil Tagged With: Appeals, P. Mathias

A guardian cannot file a petition for dissolution of marriage on behalf of his or her ward.

Ott v. State, No. 20A05-1306-CR-270, __ N.E.2d __ (Ind. Ct. App., Oct. 16, 2013).

October 17, 2013 Filed Under: Criminal Tagged With: Appeals, E. Brown

Statute conferring discretion on court to convert a D felony to an A misdemeanor does not include convictions for offenses committed prior to July 1, 1977, when D felony classification became effective.

Ferguson v. O’Brien, No. 49A02-1211-CT-917, __ N.E.2d __ (Ind. Ct. App., Oct. 15, 2013).

October 17, 2013 Filed Under: Civil Tagged With: Appeals, E. Friedlander, T. Crone

The drafter of a will owes a fiduciary duty to intended beneficiaries even though he may not have known their names when he drafted the will.

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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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