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Case Clips

Published by the Indiana Office of Court Services

Malenchik v. State, No. 79S02-0908-CR-365, __ N.E.2d __ (Ind., 2010)

June 11, 2010 Filed Under: Criminal Tagged With: B. Dickson, Supreme

“[R]esults of LSI-R and SASSI offender assessment instruments are appropriate supplemental tools for judicial consideration at sentencing.”

J.S. v. State, No. 79S02-1006-CR-296, __ N.E.2d __ (Ind., June 9, 2010)

June 11, 2010 Filed Under: Criminal Tagged With: B. Dickson, Supreme

“[T]he LSI-R score is not in the nature of, nor may it be considered as, an aggravating or mitigating circumstance.”

Dept. of Correction v. Haley, No. 56A03-0911-CR-553, __ N.E.2d __ (Ind. Ct. App., June 9, 2010)

June 11, 2010 Filed Under: Criminal Tagged With: Appeals, T. Crone

In an action to contest DOC denial of educational credit time, the Attorney General, not the prosecutor, must represent the Department.

Ramirez v. State, No. 65A01-0911-CR-543, __ N.E.2d__ (Ind. Ct. App., May 28, 2010)

June 1, 2010 Filed Under: Criminal Tagged With: Appeals, B. Barteau, N. Vaidik

U.S. Supreme Court’s Melendez-Diaz holding does not require a change from prior Court of Appeals opinions that Dept. of Toxicology breathalyzer test certificate is not “testimonial” and hence is admissible without testimony from the tester.

Travelers Indemnity Co. v. Jarrells, No. 29S02-0908-CV-378, ___ N.E.2d ___ (Ind., May 27, 2010)

June 1, 2010 Filed Under: Civil Tagged With: Supreme, T. Boehm

In future trials where the trier of fact finds that the evidence establishes that the plaintiff has received payment for some of the damages from collateral sources, the award should include those damages, but only to the extent that the evidence establishes an obligation to repay.

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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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