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Case Clips

Published by the Indiana Office of Court Services

Hardy v. Hardy, No. 51S01-1106-PL-36, ___ N.E.2d ___ (Ind., March 14, 2012).

March 15, 2012 Filed Under: Civil Tagged With: S. David, Supreme

The Federal Employees’ Group Life Insurance Act does not preempt equitable claims against a federal employee life insurance policy.

Garrett v. State, No. 32A05-1105-CR-239, __ N.E.2d __ (Ind. Ct. App., Mar. 7, 2012).

March 9, 2012 Filed Under: Criminal Tagged With: Appeals, M. May

When defendant passenger testified that the driver was the dealer of the methamphetamine in a make-up bag next to her purse and that he threatened to hurt her and her children if she did not say the meth belonged to her, there was a “serious evidentiary dispute” as to whether defendant had intent to deal the meth, as charged, and it was reversible error not to instruct on the lesser included of possession of methamphetamine.

Hoglund v. State, No. 90S02-1105-CR-294, __ N.E.2d __ (Ind., Mar. 8, 2012).

March 9, 2012 Filed Under: Criminal Tagged With: R. Rucker, Supreme

Testimony that a “child is not prone to exaggerate or fantasize about sexual matters” will no longer be allowed.

Hensley v. State, No. 63A01-1105-CR-195, __ N.E.2d __ (Ind. Ct. App., Mar. 8, 2012).

March 9, 2012 Filed Under: Criminal Tagged With: Appeals, J. Kirsch

Search of probationer’s home was not truly conducted for probation reasons, and was an impermissible investigative search by police unsupported by reasonable suspicion of criminal activity.

Key v. Hamilton, No. 48A02-1007-CT-81, ___ N.E.2d ___ (Ind. Ct. App., Feb. 28, 2012).

March 1, 2012 Filed Under: Civil Tagged With: Appeals, N. Vaidik, P. Mathias

“[A] signaling driver may owe a duty of care to a third party motorist as a matter of law when his actions result in the reasonable reliance by the signaled driver that traffic is clear.”

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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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