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Case Clips

Published by the Indiana Office of Court Services

Duran v. State, No. 45S03-0910-CR-430, __ N.E.2d __ (Ind., June 30, 2010)

July 2, 2010 Filed Under: Criminal Tagged With: R. Shepard, Supreme, T. Boehm

An arrest warrant confers limited authority to enter a dwelling in which the suspect lives when there is reason to believe the suspect is within; when police knew only the building in which the suspect lived, an anonymous bystander’s direction to a specific apartment was not sufficiently reliable to confer the required “reason to believe” for a forced entry.

Wilson v. Isaacs, No. 09S05-1003-CV-149, ___ N.E.2d ___ (Ind., June 28, 2010)

July 2, 2010 Filed Under: Civil Tagged With: B. Dickson, Supreme

A law enforcement officer’s use of force in excess of the reasonable force authorized by statute is not shielded from liability under the “enforcement of a law” immunity provided in Indiana Code § 34-13-3-3(8).

Fowler v. State, No. 49A02-0910-CR-1037, __ N.E.2d __ (Ind. Ct. App., June 30, 2010)

July 2, 2010 Filed Under: Criminal Tagged With: Appeals, N. Vaidik

A police booking printout was “administrative,” not investigative, and hence was admissible under the public record hearsay exception; the booking printout also was not “testimonial” under the Crawford confrontation rule.

Indianapolis-Marion County Public Library v. Charlier Clark & Linard, P.C., No. 06S05-0907-CV-332, ___ N.E.2d ___ (Ind., June 29, 2010)

July 2, 2010 Filed Under: Civil Tagged With: F. Sullivan, Supreme

Primarily because Plaintiff is connected with the construction Defendants through a network or chain of contracts in which the parties allocated their respective risks, duties, and remedies, those contracts, and not negligence law, govern the outcome of Plaintiff’s claims.

League of Women Voters of Indiana v. Rokita, No. 49S02-1001-CV-50, ___ N.E.2d ___ (Ind., June 30, 2010)

July 2, 2010 Filed Under: Civil Tagged With: B. Dickson, Supreme, T. Boehm

Indiana Voter ID Law does not, on its face, contravene Article 2, Section 2 (on electors’ qualifications) or Article 1, Section 23 (on equal privileges and immunities) of the Indiana Constitution.

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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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