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Case Clips

Published by the Indiana Office of Court Services

Appeals

Robinson v. Robinson, No. 18A-EM-2742, __ N.E.3d __ (Ind. Ct. App., May 13, 2019).

May 13, 2019 Filed Under: Civil Tagged With: Appeals, E. Najam, J. Baker

A transfer on death deed beneficiary “takes the owner’s interest in the property at the death of the owner subject to all conveyances . . . made by the owner . . . during the owner’s lifetime.” If the property owner quitclaims property interest prior to death, then there is no interest in the property to transfer upon death via the transfer on death deed.

Baca v. State, No. 18A-CR-2756, __ N.E.3d __ (Ind. Ct. App., April 30, 2019).

May 6, 2019 Filed Under: Criminal Tagged With: Appeals, E. Najam

A trial court’s grant of a directed verdict for the defendant under Trial Rule 50 acts as an acquittal on that count and bars the State from amending the charge and a retrial.

Howard v. State, No. 18A-CR-1830, __ N.E.3d __ (Ind. Ct. App., April 30, 2019).

May 6, 2019 Filed Under: Criminal Tagged With: Appeals, E. Najam, R. Altice

The trial court abused its discretion when it permitted the State to amend the information two business days before the start of the trial as it did not give defendant a reasonable opportunity to prepare for and defend against the new counts.

Cavanaugh’s Sports Bar & Eatery, Ltd. v. Porterfield, No. 18A-CT-1814, __ N.E.3d __ (Ind. Ct. App., April 30, 2019).

May 6, 2019 Filed Under: Civil Tagged With: Appeals, T. Crone

Bar failed to establish as a matter of law that it did not owe patron a duty to protect him from criminal activity in its parking lot; the altercation occurred immediately after the Saturday night/Sunday morning crowd had been herded out of the bar at closing time and the bar had a history of reported incidents that gave it reason to contemplate further such incidents in its own parking lot.

Dunham’s Athleisure Corp. v. Shepherd, No. 18A-PL-2892, __ N.E.3d __ (Ind. Ct. App., May 1, 2019).

May 6, 2019 Filed Under: Civil Tagged With: Appeals, E. Najam

Trial court improperly denied summary judgment to firearm seller because the seller is immune from liability under Ind. Code 34-12-3-3.

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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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