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Case Clips

Published by the Indiana Office of Court Services

Dreaded, Inc. v. St. Paul Guardian Insurance Co., No. 49S02-0805-CV-244 , __N.E.2d__ (Ind., Apr. 28, 2009)

May 1, 2009 Filed Under: Civil Tagged With: B. Dickson, Supreme

When insured failed for three years to give notice of environmental action against it to insurer, the insurer’s duty to defend never arose during the three years and the insurer need not show any prejudice from the delayed notification.

Lake County Trust Company v. Advisory Plan Commission of Lake County, No. 37S03-0904-CV-192m, __N.E.2d__ (Ind., Apr. 28, 2009)

May 1, 2009 Filed Under: Civil Tagged With: B. Dickson, Supreme

Governmental entities are not immune from sanctions imposed pursuant to Alternative Dispute Resolution Rules. Mediated agreement on subdivision plan could not be final until approved by Plan Commission at an open meeting subject to the Open Door statutes.

Moore v. Moore, No. 49A02-0810-CV-978, __ N.E.2d __ (Ind. Ct. App., Apr. 16, 2009)

May 1, 2009 Filed Under: Civil Tagged With: Appeals, M. Robb

Protective order prohibiting only threats or violence but permitting contact erroneously did not address petitioner’s concerns with harassment or provide relief necessary to prevent violence or threats of violence as required by statute.

Hayworth v. State, No. 07A01-0804-CR-197, __ N.E.2d __ (Ind. Ct. App., Apr. 20, 2009)

April 24, 2009 Filed Under: Criminal Tagged With: Appeals, N. Vaidik

Continuing objection procedure requires counsel to remain silent during the subsequent admission of the class of evidence subject to the objection. Search warrant affidavit did not establish probable cause due to insufficient corroboration of informant’s statements. Affiant detective’s misleading statements amounted to deliberate, reckless, or grossly negligent conduct which “good faith” doctrine would not excuse to save the search.

Arizona v. Gant, No. 07-542, __ U.S. __ (April 21, 2009)

April 24, 2009 Filed Under: Criminal Tagged With: A. Scalia, J. Stevens, S. Alito, S. Breyer, SCOTUS

Police may search a vehicle incident to a recent occupant’s arrest only if the arrestee is within reaching distance of the passenger compartment at the time of the search or it is reasonable to believe the vehicle contains evidence of the offense of arrest.

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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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