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Case Clips

Published by the Indiana Office of Court Services

Appeals

Estate of Lewis v. Toliver, No. 41A01-1712-EU-2893, __ N.E.3d __ (Ind. Ct. App., July 13, 2018).

July 16, 2018 Filed Under: Civil Tagged With: Appeals, P. Mathias

The trial court has inherent power to reconsider its appointment of a special administrator.

Bullock v. State, No. 49A05-1706-CR-1247, __ N.E.3d __ (Ind. Ct. App., July 5, 2018).

July 9, 2018 Filed Under: Criminal Tagged With: Appeals, N. Vaidik

Notwithstanding a CCS entry after a mistrial that contained the word judgment, the court had not entered a judgment of conviction and the defendant could be retried

Harr v. Hayes, No. 49A02-1711-CT-2595, __ N.E.3d __ (Ind. Ct. App., July 3, 2018).

July 9, 2018 Filed Under: Civil Tagged With: Appeals, M. Robb

Damages were not limited to $75,000 for a case that was remanded to state court because the alleged amount in controversy did not exceed $75,000.

Weekly v. State, No. 20A03-1712-CR-2922, __ N.E.3d __ (Ind. Ct. App., June 29, 2018).

July 2, 2018 Filed Under: Criminal Tagged With: Appeals, E. Najam

A habitual vehicular substance offender (HVSO) finding does not constitute a separate crime nor result in a separate sentence, but is an enhancement to an underlying felony conviction.

McCallister v. McCallister, No. 49D12-1606-DR-19232, __ N.E.3d __ (Ind. Ct. App., June 26, 2018).

July 2, 2018 Filed Under: Civil Tagged With: Appeals, E. Friedlander

Although under federal law the court could not order husband to change the beneficiary on his Air Force Survivor Benefit Plan as required by the Marital Settlement Agreement, the trial court can determine the value of the Survivor Benefit Plan and reconsider the distribution of marital assets as an alternative remedy.

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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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