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Case Clips

Published by the Indiana Office of Court Services

Appeals

Wallen v. Hossler, No. 19A-CT-40, __ N.E.3d __ (Ind. Ct. App., July 23, 2019).

July 29, 2019 Filed Under: Civil Tagged With: Appeals, E. Najam, J. Baker

Plaintiff may pursue excess damages from the Patient’s Compensation Fund either after a jury trial or after he has entered into a settlement agreement; nothing in the Medical Malpractice Act requires plaintiff to accept doctor’s offer to settle his liability.

Snyder v. Prompt Medical Transportation, Inc., No. 18A-CT-3112, __ N.E.3d __ (Ind. Ct. App., July 25, 2019).

July 29, 2019 Filed Under: Civil Tagged With: Appeals, J. Baker

Claims against Humana are preempted by federal law governing Medicare Part C.

Tunis v. State, No. 19A-CR-220, __ N.E.3d __ (Ind. Ct. App., July 16, 2019).

July 22, 2019 Filed Under: Criminal Tagged With: Appeals, M. Bailey

Trial court was correct finding defendant in direct contempt and sentencing him to 180 days in jail after refusing to testify as a witness despite a grant of immunity.

Cleveland v. State, No. 18A-CR-2298, __ N.E.3d __ (Ind. Ct. App., July 15, 2019).

July 15, 2019 Filed Under: Criminal Tagged With: Appeals, C. Bradford, J. Baker

Trial court could not order the destruction of defendant’s handgun for the mere possession of it, but it also could not order its return when he lacked a license to carry.

Luster v. State, No. 19A-CR-129, __ N.E.3d __ (Ind. Ct. App., July 15, 2019).

July 15, 2019 Filed Under: Criminal Tagged With: Appeals, E. Najam

A trial court must consider evidence of defendant’s lack of competency prior to a hearing on the State’s petition to revoke placement in community corrections.

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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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