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Case Clips

Published by the Indiana Office of Court Services

Devlin v. Peyton, No. 49A02-1008-DR-902, ___ N.E.2d ___ (Ind. Ct. App., Mar. 18, 2011)

March 25, 2011 Filed Under: Civil Tagged With: Appeals, C. Bradford

Dissolution court cannot sua sponte assume jurisdiction over adoption of child of the marriage when adoption is pending in another court.

Murphy v. State, No. 18S02-1103-CR-142, __ N.E.2d __ (Ind., Mar. 10, 2011)

March 18, 2011 Filed Under: Criminal Tagged With: F. Sullivan, Supreme

Adopts Court of Appeals decision that the trial court is the authority to determine whether a defendant is entitled to educational credit time earned in the jail while awaiting trial and sentencing.

Hall v. State, No. 25A05-1008-CR-534, __ N.E.2d __ (Ind. Ct. App., Mar. 15, 2011)

March 18, 2011 Filed Under: Criminal Tagged With: Appeals, J. Bailey

Where defendant was confined prior to trial on several counties’ unrelated charges and court used discretion to make sentence consecutive to those imposed in the other counties, defendant was entitled to pretrial credit time only against the aggregate of the consecutive sentences.

Walker v. Pullen, No. 64S05-1101-CT-0006, ___ N.E.2d ____ (Ind., March 15, 2011)

March 18, 2011 Filed Under: Civil Tagged With: B. Dickson, R. Shepard, Supreme

A court cannot grant a new trial unless the judge enters special findings as required by T.R. 59(J).

Grange Mut. Cas. Co. v. West Bend Mut. Ins. Co, No. 29A02-1008-PL-965, ___ N.E.2d ___ (Ind. Ct. App., March 15, 2011)

March 18, 2011 Filed Under: Civil Tagged With: Appeals, E. Friedlander, M. May

In a coverage dispute regarding occurrence polices, the time of the damage, and not the time of the alleged negligent conduct that caused the damage, is the triggering event for coverage. Further, coverage under both policies were triggered under the circumstances of this case and damages are to be apportioned pursuant to the language of the insurance policies.

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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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