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Case Clips

Published by the Indiana Office of Court Services

State v. Tharp, No. 49S02-1005-CR-256, __ N.E.2d __ (Ind., Feb. 16, 2011)

February 18, 2011 Filed Under: Criminal Tagged With: R. Shepard, Supreme

Actual notice of a protective order sufficient for a conviction of invasion of privacy need not come from an agent of the state, but in this case conviction is reversed because the only evidence defendant knew of the protective order was testimony the protected person told him about it and at the same time said the order was no longer valid.

In Re Guardianship of J.Y., No. 27A02-1005-GU-744, ___ N.E.2d ___, (Ind. Ct. App., Feb 15, 2011)

February 18, 2011 Filed Under: Civil Tagged With: Appeals, M. Bailey

“[R]equirements of a personal representative are not the same as the requirements for a guardian, and as a result a nonprofit corporation not authorized as a corporate fiduciary in Indiana may serve as guardian where it could not serve as a personal representative.”

Thompson v. Gerowitz, No. 49A05-1005-CT-296, ___ N.E.2d ___ (Ind. Ct. App., Feb. 16, 2011)

February 18, 2011 Filed Under: Civil Tagged With: Appeals, M. Barnes

Juror’s silence during voir dire when taken with her subsequent statement to the trial court regarding possible bias required the trial court to conduct a hearing out of the presence of the remainder of the jury to determine whether the juror’s silence indicated bias or lack of disinterest, and whether the hearing itself created a bias in the juror.

Romo v. State, No. 49S04-1009-CR-499, __ N.E.2d __ (Ind., Feb. 9, 2011)

February 11, 2011 Filed Under: Criminal Tagged With: B. Dickson, Supreme

“[W]ritten English translations of foreign language recordings may be admitted as substantive evidence and . . . the recordings themselves generally should be admitted and played as well.”

Green v. Ford Motor Co., No. 94S00-1007-CQ-348, ___ N.E.2d ___ (Ind., Feb. 8, 2011)

February 11, 2011 Filed Under: Civil Tagged With: B. Dickson, Supreme

In a crashworthiness case alleging enhanced injuries under the Indiana Products Liability Act, the finder of fact shall apportion fault to the person suffering physical harm when that alleged fault is a responsible cause of the harm for which damages are being sought.

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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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