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Case Clips

Published by the Indiana Office of Court Services

F.D. v. Ind. Dept of Family Svcs., No. 82A01-1109-CT-432, ___ N.E.2d ___ (Ind. Ct. App., Aug. 30, 2012).

August 31, 2012 Filed Under: Civil Tagged With: Appeals, N. Vaidik, T. Crone

There is no private right of action for failure to report child abuse under Ind. Code § 31-33-18-4.

Bean v. State, No. 91A02-1109-CR-906, __ N.E.2d __ (Ind. Ct. App., Aug. 22, 2012).

August 23, 2012 Filed Under: Criminal Tagged With: Appeals, M. Barnes

Among factors leading to conclusion there was Miranda custody was the giving of Miranda rights, defendant’s invocation of those rights, and police failure to comply with them, notwithstanding continued police assurances during lengthy questioning that defendant was free to leave whenever he wished.

Iltzsch v. State, No. 49A02-1112-CR-1164, __ N.E.2d __ (Ind. Ct. App., Aug. 14, 2012).

August 17, 2012 Filed Under: Criminal Tagged With: Appeals, M. Bailey, P. Mathias

Reverses restitution order because it rested solely upon victim’s unsupported assertions of loss as related to probation officer and placed in PSI, and holds State may not have a new restitution hearing to present evidence sufficient to support a restitution award.

E.J. v. Okolocha, No. 45A03-1201-CT-15, ___ N.E.2d ___ (Ind. Ct. App., Aug. 13, 2012).

August 16, 2012 Filed Under: Civil Tagged With: Appeals, T. Crone

A doctor has no duty to release a baby’s medical records to the baby’s prospective adoptive parents without the proper authorization to release the medical records.

Jent v. Fort Wayne Police Dept., No. 02A03-1108-MI-388, ___ N.E.2d ___ (Ind. Ct. App., Aug. 15, 2012).

August 16, 2012 Filed Under: Civil Tagged With: Appeals, E. Najam

The “reasonable particularity” requirement under the Access to Public Records Act “enables the subpoenaed party to identify what is sought and enables the trial court to determine whether there has been sufficient compliance with the request.”

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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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