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Case Clips

Published by the Indiana Office of Court Services

Metro Health Professionals, Inc. v. Chrysler, LLC, No. 06A04-0809-CV-547, __ N.E.2d ___ (Ind. Ct. App., May 4, 2009)

May 8, 2009 Filed Under: Civil Tagged With: Appeals, E. Brown

Auto purchaser was entitled to “Lemon Law” relief after seller’s fourth unsuccessful repair attempt even though a fifth repair attempt apparently succeeded after the “Lemon Law” was invoked.

Upton v. State, No. 52A02-0812-CR-1112, __ N.E.2d __ (Ind. Ct. App., Apr. 23, 2009)

May 1, 2009 Filed Under: Criminal Tagged With: Appeals, E. Brown

Application of “credit restricted felon” statute to offense committed before statute’s effective date violated ex post facto prohibition.

Wallace v. State, No. 49S02-0803-CR-138, __ N.E.2d __ (Ind., Apr. 30, 2009)

May 1, 2009 Filed Under: Criminal Tagged With: R. Rucker, Supreme

Application of the Sex Offender Registration Act to a person whose sex offense predated the Act violates the Indiana Constitution’s Ex Post Facto Clause.

Jensen v. State, No. 02S04-0803-CR-137, __ N.E.2d __ (Ind., Apr. 30, 2009)

May 1, 2009 Filed Under: Criminal Tagged With: F. Sullivan, R. Rucker, Supreme, T. Boehm

The Indiana Ex Post Facto Clause was not violated by application of the 2006 sexually violent predator lifetime registration requirement to a person required to register as a sex offender for ten years under the law in effect when his sex offenses were committed.

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.

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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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