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Case Clips

Published by the Indiana Office of Court Services

Bules v. Marshall County, No. 50S03-1001-CV-57, ___ N.E.2d ___ (Ind., Jan. 27, 2010)

January 29, 2010 Filed Under: Civil Tagged With: B. Dickson, Supreme, T. Boehm

The Indiana Tort Claims Act’s immunity for losses caused by temporary weather conditions during the period of reasonable response to a weather condition lasts at least until the weather condition has stabilized.

Johnson v. Johnson, No. 46S04-0907-CV-00346, ___ N.E.2d ___ (Ind., Jan. 28, 2010)

January 29, 2010 Filed Under: Civil Tagged With: R. Shepard, Supreme

Dissolution agreement for husband to pay wife for her interest in the family farm, although silent on the subject, must have contemplated the regular annual renewal of the farm’s debt to finance its operations, but not the higher level of debt necessary to finance husband’s obligations to wife; trial court erred in modifying wife’s lien to allow husband to finance his divorce obligations.

State v. Haldeman, No. 55S00-0906-CR-266, __ N.E.2d __ (Ind., Jan. 15, 2010)

January 22, 2010 Filed Under: Criminal Tagged With: B. Dickson, Supreme

Even though statute requiring preliminary appellate review of wiretap warrant has been repealed, Criminal Rule 25’s requirement of preliminary appellate review of wiretap warrants must be complied with.

Presley v. Georgia, No. 09-5270, __ U.S. __ (Jan. 19, 2010)

January 22, 2010 Filed Under: Criminal Tagged With: A. Scalia, C. Thomas, Per Curiam, SCOTUS

Defendant’s Sixth Amendment public trial right requires that jury selection be open to the public.

Nicoson v. State, No. 32A04-0905-CR-241, __ N.E.2d __ (Ind. Ct. App., Jan. 20, 2010)

January 22, 2010 Filed Under: Criminal Tagged With: Appeals, C. Darden, J. Baker

Indiana Constitution’s double jeopardy protection permits defendant’s conviction of criminal confinement with a deadly weapon to be enhance for the use of a firearm.

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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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