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Case Clips

Published by the Indiana Office of Court Services

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.

Gray v. State, No. 10S01-0808-CR-476, __ N.E.2d __ (Ind., Mar. 31, 2009)

April 3, 2009 Filed Under: Criminal Tagged With: Supreme, T. Boehm

Defendant’s behavior and statements at the two separate robberies were sufficient, without more, to prove that he had a “gun” in his pocket, but his apprehension immediately after the second robbery with only an electric shaver in his pocket precluded an “armed” enhancement for that robbery.

Booker v. State, No. 45A03-0806-CR-281, __ N.E.2d __ (Ind. Ct. App., Mar. 25, 2009)

April 3, 2009 Filed Under: Criminal Tagged With: Appeals, M. May

Providing defense with defendant’s inculpatory statement to officer would have been “right,” but the State’s failure to disclose was not a discovery violation, as discovery order did not include an unrecorded oral statement and State has no independent duty to provide defense with inculpatory evidence.

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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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