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Case Clips

Published by the Indiana Office of Court Services

Indianapolis Marion County Public Library v. Charlier Clark & Linnard P.C., No. 06A05-0804-CV-239, ___ N.E.2d ___ (Ind. Ct. App., Feb. 6, 2009)

February 13, 2009 Filed Under: Civil Tagged With: Appeals, E. Brown, J. Baker

Because plaintiff’s claims were for economic losses that arose from plaintiff’s complaint that it did not receive the benefit of its bargain, the damages claimed were not recoverable in tort and were best relegated to contract law.

Smyth v. Hester, No. 29A02-0803-CV-237, ___ N.E.2d ___ (Ind. Ct. App., Feb. 12, 2009)

February 13, 2009 Filed Under: Civil Tagged With: Appeals, C. Darden

Trial court’s order for attorney fees was remanded for further consideration and explanation, because it did not provide any insight as to the reason for the award of attorney fees, i.e., what the trial court found to be frivolous, unreasonable, and bad faith conduct.

Oatts v. State, No. 49A02-0805-CR-447, __ N.E.2d __ (Ind. Ct. App., Jan. 20, 2009)

January 30, 2009 Filed Under: Criminal Tagged With: Appeals, E. Brown

The “sexual innocence inference” is that a young victim’s ability to describe the charged sexual molestation is proof that the molestation occurred; adopts the “compromise position” which admits an unrelated prior instance of sexual experience for the victim if the defendant shows that the prior sexual act occurred and that the prior sexual act was sufficiently similar to the charged sexual act to give the victim the knowledge to imagine the charged conduct.

Lafayette v. State, No. 45A03-0803-CR-118, __ N.E.2d __ (Ind. Ct. App., Jan. 23, 2009)

January 30, 2009 Filed Under: Criminal Tagged With: Appeals, J. Kirsch, N. Vaidik, T. Crone

In plurality opinion, concurring judge and dissenting judge take position that rape defendant puts his intent at issue for purposes of Evidence Rule 404(b) when he asserts sex was consensual; lead opinion takes contrary position.

Arizona v. Johnson, No. 07-1122, __ U.S. __ (Jan. 26, 2009)

January 30, 2009 Filed Under: Criminal Tagged With: R. Ginsburg, SCOTUS

Arizona v. Johnson (U.S., Ginsburg, J.) – During a lawful stop for a traffic infraction, the police may conduct a patdown search of a passenger whom they reasonably suspect to be armed and dangerous.

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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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