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Case Clips

Published by the Indiana Office of Court Services

A.K. v. Indiana Dep't of Child Services, St. Joseph County, No. 71A05-0905-JV-261, __ N.E.2D __ (Ind. Ct. App., Mar. 31, 2010)

April 1, 2010 Filed Under: Juvenile Tagged With: Appeals, P. Mathias

Findings of fact and conclusions of law are required for termination of parental rights decisions.

Kiplinger v. State, No. 62S00-0809-CR-486, __ N.E.2d __ (Mar. 22, 2010)

March 26, 2010 Filed Under: Criminal Tagged With: F. Sullivan, Supreme

Life without parole sentence could not be imposed when jury made no express finding the alleged aggravating circumstance had been proven beyond a reasonable doubt and the jury returned no sentencing recommendation.

State v. Schlecty, No. 38S04-0905-CR-246, __ N.E.2d __ (Ind., Mar. 24, 2010)

March 26, 2010 Filed Under: Criminal Tagged With: R. Rucker, Supreme

Fourth Amendment permits a reasonably conducted warrantless search of a probationer’s property supported by a probation search term and a reasonable suspicion of criminal activity.

Rieth-Riley Construction Co. v. Gibson, No. 64A04-0908-CV-445, __ N.E.2d __ (Ind. Ct. App., Mar. 25, 2010)

March 26, 2010 Filed Under: Civil Tagged With: Appeals, B. Barteau

“Discovery rule” for tolling statute of limitations does not apply when plaintiff knew of injury but did not discover identity of tortfeasor until limitations period had run.

A.S. v. State, No. 10A04-0911-JV-630, __ N.E.2d __ (Ind. Ct. App., Mar. 25, 2010)

March 26, 2010 Filed Under: Juvenile Tagged With: Appeals, J. Baker

Deliquency waiver of counsel was invalid when court made no inquiry about waiver, gave no advice about dangers of self-representation, and made no record of meaningful consultation about the waiver.

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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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