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Case Clips

Published by the Indiana Office of Court Services

Tharp v. State, No. 49A02-0905-CR-394, __ N.E.2D __ (Ind. Ct. App., Feb. 18, 2010)

February 19, 2010 Filed Under: Criminal Tagged With: Appeals, M. May

Evidence the protected person or another layperson told the defendant there was a protective order against him does not suffice to prove the protective order knowledge element in the invasion of privacy offense.

In re Committment of J.W.B., No. 20A03-0909-CV-418, ___ N.E.2d ___ (Ind. Ct. App., Feb. 17, 2010)

February 19, 2010 Filed Under: Civil Tagged With: Appeals, M. Bailey

Trial court lacked authority to order that a civilly committed person not be transferred “without ten (10) days written notice to the court.”

Terry v. Stephens, 54A01-0908-CV-419, ___ N.E.2d ___ (Ind. Ct. App., Feb. 17, 2010)

February 19, 2010 Filed Under: Civil Tagged With: Appeals, J. Baker

Children of a parent who provides love, care, and affection, but no financial or non-financial support, are not dependent children pursuant to the Wrongful Death Act.

Harris v. Harris, No. 49A04-0905-CV-256, ___ N.E.2d. ___ (Ind. Ct. App., Feb. 17, 2010)

February 19, 2010 Filed Under: Civil Tagged With: Appeals, E. Brown

Although the court did not have personal jurisdiction over husband, it could dissolve the marriage and change the parties’ status from married to unmarried; it could not, however, adjudicate the incidences of marriage. Trial court also erred by not complying with the Servicemembers Civil Relief Act and the Uniform Child Custody Jurisdiction and Enforcement Act in the child custody proceedings.

In re Termination of Parent-Child Relationship of I.B., No. 03A05-0912-JV-676, ___ N.E.2d ___ (Ind. Ct. App., Feb. 17, 2010)

February 19, 2010 Filed Under: Civil Tagged With: Appeals, C. Darden

Trial court did not err in denying appellate counsel for mother in TPR proceedings; even if mother had requested appellate counsel, she failed to make any effort for the purpose of an appeal and was unlikely to prevail on the merits.

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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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