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Case Clips

Published by the Indiana Office of Court Services

Stutz v. State, No. 49A02-1110-CR-960, __ N.E.2d __ (Ind. Ct. App., July 5, 2012).

July 5, 2012 Filed Under: Criminal Tagged With: Appeals, C. Darden

“[C]lass A misdemeanor operating a vehicle with a BAC of at least .15 percent is not a lesser included offense of class C misdemeanor operating while intoxicated.”

T.B. v. Ind. Dept. of Child Svcs., No. 79A04-1110-JT-594, ___ N.E.2d ___ (Ind. Ct. App., June 29, 2012).

July 5, 2012 Filed Under: Civil, Juvenile Tagged With: Appeals, E. Najam

The Court declined to adopt a policy that prohibits the involuntary termination of parental rights for all mentally retarded parents.

Hirsch v. Oliver, No. 29S02-1109-DR-530, ___N.E.2d ___ (Ind., June 29, 2012).

July 5, 2012 Filed Under: Civil Tagged With: S. David, Supreme

Under Ind. Code § 31-16-6-6(a)(3), if a trial court determines there is no longer an obligation of the parent to support the child, emancipation has necessarily occurred.

Estrada v. State, No. 20A03-1110-CR-474, __ N.E.2d__ (Ind. Ct. App., June 22, 2012).

June 29, 2012 Filed Under: Criminal Tagged With: Appeals, W. Garrard

As two of Estrada’s string of five robberies were armed, and she was 16 when she committed them, they were not within the subject matter jurisdiction of the juvenile court in which she was adjudicated delinquent for the other three robberies, so even assuming the successive prosecution statute applies to delinquencies the two armed robberies were not offenses which “should have been charged” in the juvenile proceeding.

Harmon v. State, No. 20A03-1110-CR-529, __ N.E.2d __ (Ind. Ct. App., June 28, 2012).

June 29, 2012 Filed Under: Criminal Tagged With: Appeals, N. Vaidik, P. Mathias

Evidence was insufficient to prove the weight of the manufactured methamphetamine was three grams or more, as required for A felony 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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