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Case Clips

Published by the Indiana Office of Court Services

Arizona v. Johnson, No. 07-1122, __ U.S. __ (Jan. 26, 2009)

January 30, 2009 Filed Under: Criminal Tagged With: R. Ginsburg, SCOTUS

Arizona v. Johnson (U.S., Ginsburg, J.) – During a lawful stop for a traffic infraction, the police may conduct a patdown search of a passenger whom they reasonably suspect to be armed and dangerous.

Redmond v. State, No. 49A02-0808-CR-761, __ N.E.2d __ (Ind. Ct. App., Jan. 28, 2009)

January 30, 2009 Filed Under: Criminal Tagged With: Appeals, N. Vaidik

365 day period in which to file a petition to modify sentence without prosecutor’s consent begins to run when sentence is imposed, even when sentence sought to be modified runs consecutive to another.

Klotz v. Hoyt, No. 18S02-0807-CV-391, ___ N.E.2d ___ (Ind., Jan. 22, 2009)

January 30, 2009 Filed Under: Civil Tagged With: B. Dickson, F. Sullivan, R. Shepard, Supreme

Klotz v. Hoyt (Ind., Dickson, J.) – Landlord’s untimely or inadequate statutory damage notice to tenant precludes only landlord’s claims for physical damage to the premises and does not bar landlord from recovery of unpaid rent and other losses.

Cooper Indus., LLC v. South Bend, No. 49S04-0711-CV-541, ___ N.E.2d ___ (Ind., Jan. 22, 2009)

January 30, 2009 Filed Under: Civil Tagged With: R. Shepard, Supreme

Landowner’s claims under the Environmental Legal Action statute accrued at the time the statute became effective.

Ramirez v. Wilson, No. 56A04-0806-CV-356, ___ N.E.2d ___ (Ind. Ct. App., Jan. 29, 2009)

January 30, 2009 Filed Under: Civil Tagged With: Appeals, M. Bailey, P. Riley

Viable fetus was not a child for the purposes of the Child Wrongful Death statute.

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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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