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Case Clips

Published by the Indiana Office of Court Services

Appeals

Miller v. Town Bd. Of Sellersburg, No. 10A01-1612-MI-2908, __ N.E.3d __ (Ind. Ct. App., Nov. 29, 2017).

December 4, 2017 Filed Under: Civil Tagged With: Appeals, R. Pyle

Town clerk-treasurer could not mandate additional deputies; Ind. Code § 36-5-6-7 states that the town legislative body must approve the appointment of deputies.

Whitaker v. State, No. 49A02-1706-CR-1162, __ N.E.3d __ (Ind. Ct. App., Nov. 21, 2017).

November 27, 2017 Filed Under: Criminal Tagged With: Appeals, E. Brown

The trial court, not the probation department, has the sole discretion to impose probation fees under Ind. Code § 35-38-2-1(e) and Ind. Code § 35-38-2-1.7(b).

In re Unsupervised Estate of Owsley, No. 49A02-1701-EU-207, __ N.E.3d __ (Ind. Ct. App., Nov. 21, 2017).

November 27, 2017 Filed Under: Civil Tagged With: Appeals, E. Brown

Because the victims of the civil rights action are the decedent’s survivors, not the decedent himself, no estate needed to be open for the sole purpose of pursuing a federal civil rights action.

Buskirk v. Buskirk, No. 06A01-1610-DR-2296, __ N.E.3d __ (Ind. Ct. App., Nov. 15, 2017).

November 20, 2017 Filed Under: Civil Tagged With: Appeals, E. Brown

Contract between husband and wife, on keeping their property and income separate, entered into after marriage disagreement, was an enforceable reconciliation agreement made with valid consideration.

In re Adoption of J.R.O., No. 82A05-1706-AD-1331, __ N.E.3d __ (Ind. Ct. App., Nov. 16, 2017).

November 20, 2017 Filed Under: Civil Tagged With: Appeals, T. Crone

Ind. Code 31-19-9-18 does not require the filing of a written motion to contest an adoption; counsel’s oral objection was sufficient.

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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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