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Case Clips

Published by the Indiana Office of Court Services

Sexton v. State, No. 02A03-1110-CR-465, __ N.E.2d __ (Ind. Ct. App., June 11, 2012).

June 14, 2012 Filed Under: Criminal Tagged With: Appeals, M. Bailey, R. Shepard

When the plea bargain called for dismissal of a felon in possession of a handgun charge, “it was an abuse of discretion for the trial court to consider the fact that Sexton shot his victim using a handgun it was illegal for a person with five felony convictions to possess.”

Baker v. State, No. 89S01-1109-CR-543, __ N.E.2d __ (Ind., June 12, 2012).

June 14, 2012 Filed Under: Criminal Tagged With: B. Dickson, Supreme

Evidence that defendant, who broke and entered, had opened cupboards and drawers was sufficient to support an inference that the defendant was looking for something to take and consequently had intended to commit theft when he broke and entered.

Sexton v. Sexton, No. 34A02-1111-DR-01059, ___ N.E.2d ___ (Ind. Ct. App., June 8, 2012).

June 14, 2012 Filed Under: Civil Tagged With: Appeals, N. Vaidik

Public Law 111-2012 will modify the presumptive age for termination of child support, but it will not alter a child’s ability to obtain educational support except for amending the time frame in which certain children may seek educational support.

Horner v. Carter, No. 34A02-1111-DR-1029, ___ N.E.2d ___ (Ind. Ct. App., June 13, 2012).

June 14, 2012 Filed Under: Civil Tagged With: Appeals, N. Vaidik

“Alternative Dispute Resolution Rule 2.11 and Indiana Evidence Rule 408 allow the introduction of mediation communications to establish traditional contract defenses.”

Ervin v. State, No. 29A05-1109-CR-454, ___ N.E.2d ___ (Ind. Ct. App., May 30, 2012

May 31, 2012 Filed Under: Criminal Tagged With: Appeals, J. Baker

Trial court properly concluded that evidence should not be suppressed as Ind. Code § 9-30-2-2 was not implicated. The statute provides that an officer may not arrest a person “for a violation of an Indiana law regulating the use and operation of a motor vehicle on an Indiana highway” unless the officer is in uniform or a marked police vehicle, but defendant was not arrested for violating a law regulating the use of a motor vehicle.

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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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