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Case Clips

Published by the Indiana Office of Court Services

Appeals

Miller v. Brown, No. 03A01-1703-DR-512, __ N.E.3d __ (Ind. Ct. App., Sept. 28, 2017).

October 2, 2017 Filed Under: Civil Tagged With: Appeals, N. Vaidik

The trial court erred in entering a post-dissolution order requiring father and mother to combine their individual 529 college savings accounts into a single, jointly owned account.

Cox v. Evansville Police Dep’t., No. 82A01-1610-CT-2299, __ N.E.3d __ (Ind. Ct. App., Sept. 22, 2017).

September 25, 2017 Filed Under: Civil Tagged With: Appeals, J. Baker

The police department assumed a non-delegable duty of care to the victim of sexual assault by a police officer that was on duty when the sexual assault occurred and the victim had surrendered her autonomy and control to the officer.

Hope Source v. B.T., No. 49A02-1607-CT-1656, __ N.E.3d __ (Ind. Ct. App., Sept. 20, 2017).

September 25, 2017 Filed Under: Civil Tagged With: Appeals, B. Barteau

Testimony obtained by facilitated communication is admissible in evidence. The trial court has discretion to determine whether a child is competent to testify based upon the court’s observation of the child’s demeanor and responses to questions posed to him by counsel and the court.

Ind. Ins. Guaranty Assoc. v. Smith, No. 71A03-1703-CT-610, __ N.E.3d __ (Ind. Ct. App., Sept. 25, 2017).

September 25, 2017 Filed Under: Civil Tagged With: Appeals, J. Baker, R. Altice

A vehicle that has liability insurance, but was denied coverage, meets the statutory definition of uninsured motor vehicle.

Robinson v. State, No. 22A01-1604-CR-856, __ N.E.3d __ (Ind. Ct. App., Sept. 15, 2017).

September 18, 2017 Filed Under: Criminal Tagged With: Appeals, R. Pyle

A habitual substance offender enhancement may only be added to a sentence if the underlying offense is substance abuse related.

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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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