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Case Clips

Published by the Indiana Office of Court Services

National Wine & Spirits, Inc. v. Ernst & Young, LLP, No. 49S02-1203-CT-137, ___ N.E.2d ___ (Ind., Oct. 23, 2012).

October 25, 2012 Filed Under: Civil Tagged With: S. David, Supreme

Collateral estoppel precludes the deception claim because the issue underlying that claim was decided during the arbitration proceedings.

Black v. Huck, No. 79A04-1202-CT-61, ___ N.E.2d ___ (Ind. Ct. App., Oct. 17, 2012).

October 18, 2012 Filed Under: Civil, Juvenile Tagged With: Appeals, M. Robb

DCS is entitled to statutory immunity as to all of the parties’ claims except for fraud. Under the facts of this case, extended family members had a liberty interest in their relationship with child such that they had standing to bring suit.

Garcia v. State, No. 20A04-1202-CR-257, __ N.E.2d __ (Ind. Ct. App., Oct. 9, 2012).

October 12, 2012 Filed Under: Criminal Tagged With: Appeals, M. Barnes

For purposes of C felony criminal recklessness by shooting a firearm into a “place where people are likely to gather,” a motor vehicle can be such a “place.”

Godby v. State, No. 33A01-1203-CR-128, — N.E.2d __ (Ind. Ct. App., Oct. 10, 2012).

October 12, 2012 Filed Under: Criminal Tagged With: Appeals, E. Friedlander

Because costs are not part of a criminal sentence, asserted errors in the costs imposed may not be raised in a motion to correct erroneous sentence.

Lyons v. State, No. 76A03-1112-CR-582, __ N.E.2d __ (Ind. Ct. App., Oct. 11, 2012).

October 12, 2012 Filed Under: Criminal Tagged With: Appeals, J. Baker

Clinical psychologist’s testimony about general characteristics common to child abuse victims was properly admitted as Evidence Rule 702(a) expert “specialized knowledge” which was based on observations of victims and accordingly was not “scientific.”

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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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