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Case Clips

Published by the Indiana Office of Court Services

Chacon v. Jones-Schilds, No. 02A05-0808-CV-484, ___ N.E.2d ___ (Ind. Ct. App., Apr. 8, 2009)

April 9, 2009 Filed Under: Civil Tagged With: Appeals, J. Kirsch

Trial court did not abuse its discretion by excluding proposed evidence of the lack of a recording of an incident at a jail (and the corresponding negative inference therefrom), because the proponent of the evidence failed to comply with the court’s discovery and pretrial orders.

Butler v. Indiana Dep't of Ins., No. 49S05-0805-CV-216, ___ N.E.2d ___ (Ind., Apr. 7, 2009)

April 9, 2009 Filed Under: Civil Tagged With: B. Dickson, Supreme

Under Ind. Code § 34-23-1-2 (1999) on the wrongful death of unmarried adults with no dependents, if medical providers issue statements of charges for health care services but thereafter accept a reduced amount in full satisfaction of the charges due to contractual arrangements with the patient’s health insurers, Medicare, or Medicaid, the amount recoverable for reasonable medical and hospital expenses necessitated by the alleged wrongful conduct is the total amount ultimately accepted after such contractual adjustments, not the total of charges billed.

In re Adoption of Infants H, No. 29S02-0904-CV-140, ___ N.E.2d ___ (Ind., Apr. 8, 2009)

April 9, 2009 Filed Under: Civil Tagged With: R. Shepard, Supreme

Supreme Court reversed trial court’s final adoption order, because it was improper to waive various legislative safeguards designed to protect infants who are proposed for adoption, including the Interstate Compact on the Placement of Children.

Rivera v. Illinois, No. 07-9995, __ U.S. __ (Mar. 27, 2009)

April 3, 2009 Filed Under: Criminal Tagged With: R. Ginsburg, SCOTUS

State law, not the Constitution, determines the consequences of an erroneous denial of a peremptory challenge, when all jurors selected are qualified and unbiased.

Tyler v. State, No. 69S04-0801-CR-3, __ N.E.2d __ (Ind., Mar. 31, 2009)

April 3, 2009 Filed Under: Criminal Tagged With: B. Dickson, F. Sullivan, T. Boehm

[A] party may not introduce testimony via the Protected Person Statute if the same person testifies in open court as to the same matters.

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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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