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Case Clips

Published by the Indiana Office of Court Services

Suarez v. State, No. 02A05-1008-PC-508, __ N.E.2d __ (Ind. Ct. App., May 10, 2011)

May 13, 2011 Filed Under: Criminal Tagged With: Appeals, J. Kirsch

Defendant should have been provided with a copy of the in-court recording of Spanish interpreter’s guilty plea hearing translations for the defendant, after counsel had detected an irregularity in the translation when listening to the recording.

City of Indianapolis, et al v. Armour, et al, No. 49S02-1007-CV-402, ___ N.E.2d ___ (Ind., May 10, 2011)

May 13, 2011 Filed Under: Civil Tagged With: F. Sullivan, R. Rucker, Supreme

A city resolution which only forgave outstanding assessment balances, and did not refund assessment money to those that paid the assessment, does not violate the Equal Protection Clause of the Fourteenth Amendment because it was rationally related to a legitimate governmental interest.

Nichols v. State, No. 29A04-1008-CR-589, __ N.E.2d __ (Ind. Ct. App., Apr. 29, 2011)

May 6, 2011 Filed Under: Criminal Tagged With: Appeals, M. Bailey

Statute, not the trial court or the DOC, determines length of a sex offender’s sex registry obligations.

Nicholson v. State, No. 55A01-1005-CR-251, __ N.E.2d __ (Ind. Ct. App., Apr. 29, 2011)

May 6, 2011 Filed Under: Criminal Tagged With: Appeals, C. Bradford, M. Barnes

Single phone call was not “repeated or continuing harrassment” required for stalking, and even if phone calls from period two years’ earlier were considered this element was not proven.

Eppl v. DiGiacomo, No. 45A03-1007-SC-402, ___ N.E.2d ___ (Ind. Ct. App., May 4, 2011)

May 6, 2011 Filed Under: Civil Tagged With: Appeals, C. Darden

Tenant’s mere delivery of the keys is not sufficient to demonstrate that landlord accepted surrender of the premises; thus the end of the month, in a month-to-month tenancy, started the security deposit statute’s 45-day clock for the landlord to provide the itemization of charges against the security deposit.

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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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