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Case Clips

Published by the Indiana Office of Court Services

Perry v. New Hampshire, No. 10–8974, 565 U.S. __ (Jan. 11, 2012).

January 13, 2012 Filed Under: Criminal Tagged With: C. Thomas, R. Ginsburg, S. Sotomayor, SCOTUS

Declines to adopt a due process judicial reliability screening procedure for eyewitness identification evidence.

Williams v. State, No. 49A02-1103-CR-266, __ N.E.2d __ (Ind. Ct. App., Jan. 11, 2012).

January 13, 2012 Filed Under: Criminal Tagged With: Appeals, T. Crone

Statutory confidentiality for Board of Pharmacy prescription database protects prescription subject’s physician-patient and pharmacist-patient privileges, and subject’s criminal defense discovery request for prescription records waived these privileges’ protection, so that Board’s objections to disclosure based on confidentiality were without merit.

Dexter v. State, No. 79S05-1106-CR-367, __ N.E.2d __ (Ind., Jan. 12, 2012).

January 13, 2012 Filed Under: Criminal Tagged With: F. Sullivan, Supreme

In an habitual offender proceeding, “an unsigned judgment is not sufficient to prove beyond a reasonable doubt the fact of a prior conviction.”

Haag v. Castro, No. 29S04-1102-CT-118, ___ N.E.2d ___ (Ind., Jan. 10, 2012).

January 12, 2012 Filed Under: Civil Tagged With: B. Dickson, F. Sullivan, Supreme

A local youth soccer team cannot recover under the state youth soccer governing association’s business auto-insurance policy for injuries sustained when the van in which they were riding was involved in an accident, because the van was not being used in the business of the association, a condition for coverage under the insurance policy at issue.

Ramsey v. Moore, No. 45S05-1105-CT-281, ___ N.E.2d ___ (Ind., Jan. 12, 2012).

January 12, 2012 Filed Under: Civil Tagged With: S. David, Supreme

Because the trial court’s order was not a final appealable judgment, the Indiana Supreme Court has no subject matter jurisdiction to hear an appeal on the trial court’s order denying medical malpractice defendants’ request for a preliminary determination and requesting dismissal due to the plaintiff’s dilatory conduct.

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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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