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Case Clips

Published by the Indiana Office of Court Services

Kistler v. State, No. 35A04-1004-PC-245, __ N.E.2d __ (Ind. Ct. App., Nov. 15, 2010)

November 22, 2010 Filed Under: Criminal Tagged With: Appeals, E. Brown

Fact that maximum potential sentence of 88 years included 30 years for an invalid habitual offender allegation, which defense counsel failed to observe, did not entitle defendant to relief from his bargained sentence of 28 years, as defendant failed to show that a reasonable defendant would have refused to plead guilty had he known the correct maximum was 58 years.

Reeves v. State, No. 77A04-1005-CR-292, __ N.E.2d __ (Ind. Ct. App., Nov. 16, 2010)

November 22, 2010 Filed Under: Criminal Tagged With: Appeals, C. Darden

Use of the crime concealment exception to the statute of limitations requires the State to allege in its charge facts which would establish concealment.

Bunch v. State, No. 49A04-1002-CR-120, __ N.E.2d __ (Ind. Ct. App., Nov. 17, 2010)

November 22, 2010 Filed Under: Criminal Tagged With: Appeals, J. Kirsch

Successive confinement of the victim in different places in her home during a burglary/robbery was a single episode of confinement, so that Indiana Double Jeopardy prohibited separate confinement convictions for the confinements in different rooms.

K. L. v. M. H., No. 41A01-1003-JP-145, __ N.E.2d __ (Ind. Ct. App., Nov. 15, 2010)

November 22, 2010 Filed Under: Civil

Trial court did not err in appointing parenting time coordinator sua sponte when parties did not object and record was undisputed parents could not cooperate enough to independently implement parenting time schedule.

Booher v. Sheeram, LLC d/b/a Hampton Inn of Elkhart, No. 20A03-1005-CT-338, __ N.E.2d __ (Ind. Ct. App., Nov. 15, 2010)

November 22, 2010 Filed Under: Civil Tagged With: Appeals, J. Baker

Counsel must file a formal request for an extension of time to respond to a motion for summary judgment, even if opposing counsel has informally agreed to an extension.

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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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