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Case Clips

Published by the Indiana Office of Court Services

Fidelity Nat'l Title Ins. Co. v. Mussman, No. 64A03-0905-CV-204, ___ N.E.2d ___ (Ind. Ct. App., July 14, 2010)

July 16, 2010 Filed Under: Civil Tagged With: Appeals, E. Najam

Title Company was Title Insurance Company’s agent for title insurance purposes, but not for closing and escrow purposes.

City of Greenwood v. Town of Bargersville, No. 41A05-0912-CV-684, ___ N.E.2d ___ (Ind. Ct. App., July 15, 2010)

July 16, 2010 Filed Under: Civil Tagged With: Appeals, T. Crone

(1) City had standing to bring declaratory judgment action regarding the validity of Town’s annexation of territory within three miles of City; (2) landowners’ agreements that waived their “rights to object, remonstrate or appeal against [the] annexation,” did not constitute consent to the annexation.

Jones v. State, No. 27A02-1002-CR-168, __ N.E.2d __ (Ind. Ct. App., July 7, 2010)

July 9, 2010 Filed Under: Criminal Tagged With: Appeals, E. Friedlander

When the two convictions were based on controlled buys using the same informant and quantity of drugs and were arranged to occur at the same place and took place only two weeks apart, consecutive sentences were inappropriate.

Everling v. State, No. 48S05-0911-CR-506, __ N.E.2d __ (Ind., July 8, 2010)

July 9, 2010 Filed Under: Criminal Tagged With: R. Shepard, Supreme

Judge’s overall conduct during trial demonstrated reversible bias.

Reinhart v. State, No. 57A03-1002-CR-84, __N.E.2d __ (Ind. Ct. App., July 9, 2010)

July 9, 2010 Filed Under: Criminal Tagged With: Appeals, T. Crone

When motorist calmly complied with officer’s commands, although motorist had yelled at officer earlier, officer’s pointing firearm at and handcuffing of motorist transformed a permissible investigative stop into an illegal arrest without probable cause.

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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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