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Case Clips

Published by the Indiana Office of Court Services

Appeals

Tyms-Bey v. State, No. 49A05-1603-CR-439, __ N.E.3d __ (Ind. Ct. App., Jan. 13, 2017).

January 17, 2017 Filed Under: Criminal Tagged With: Appeals, E. Najam, J. Baker

Indiana’s RFRA offers no protection for the allegedly criminal nonpayment of income taxes, and the trial court did not err by denying a request to assert the defense.

Watkins v. State, No. 82A01-1510-CR-1624, __ N.E.3d __ (Ind. Ct. App., Jan. 6, 2017).

January 9, 2017 Filed Under: Criminal Tagged With: Appeals, E. Brown, M. May

Under the totality of the circumstances, the extent of law enforcement’s need for a “military-style assault” was low and the degree of intrusion was unreasonably high; the search violated defendant’s right to be secure against an unreasonable search and seizure.

Neal v. State, No. 20A04-1606-CR-1326, __ N.E.3d __ (Ind. Ct. App., Dec. 29, 2016).

January 3, 2017 Filed Under: Criminal Tagged With: Appeals, E. Najam

The court substantially complied with the requirement of I.C. 35-38-1-7.8(c) by making it clear to the defendant that her status as a credit-restricted felon would impact her ability to earn credit time toward her sentence.

Polet v. ESG Security, Inc., No. 49A02-1510-CT-1631, __N.E.3d__ (Ind. Ct. App., Dec. 27, 2016).

January 3, 2017 Filed Under: Civil Tagged With: Appeals, E. Brown

Where foreseeability is an element of duty, the court must determine the question of foreseeability as a matter of law; stage collapse due to high wind is not foreseeable as a matter of law.

Brown v. City of Valparaiso, No. 64A05-1607-PL-1488, __N.E.3d__ (Ind. Ct. App., Dec. 30, 2016).

January 3, 2017 Filed Under: Civil Tagged With: Appeals, E. Najam

There is no private cause of action under the Flood Control Act.

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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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