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Case Clips

Published by the Indiana Office of Court Services

Appeals

Taylor-Bey v. State, No. 49A05-1503-CR-123, __ N.E.3d __ (Ind. Ct. App, April 28, 2016).

May 2, 2016 Filed Under: Criminal Tagged With: Appeals, N. Vaidik

Trial court had jurisdiction over a “Moorish American National Sovereign.”

Stewart v. Alunday, No. 16A04-1507-CT-760, __ N.E.3d __ (Ind. Ct. App, April 28, 2016).

May 2, 2016 Filed Under: Civil Tagged With: Appeals, N. Vaidik

Judicial admissions are conclusive and binding on the trier of fact.

Love v. State, No. 20A05-1509-CR-1327, ___ N.E.3d ___ (Ind. Ct. App., April 20, 2016).

April 25, 2016 Filed Under: Criminal Tagged With: Appeals, M. Bailey

Trial court should have dismissed, rather than denied, defendant’s habeas petition that was in substance an unauthorized successive PCR.

Roar v. State, No. 49A02-1506-CR-506 , ___ N.E.3d ___ (Ind. Ct. App., April 21, 2016).

April 25, 2016 Filed Under: Criminal Tagged With: Appeals, E. Najam, M. May

Conditional threat to victim (that “if I came back on the property[] he’d kill me”) supported conviction for intimidation (disagreeing with C.L. v. State, 2 N.E.3d 798, 801 (Ind. Ct. App. 2014), trans. not sought and Causey v. State, 45 N.E.2d 1239 (Ind. Ct. App. 2015), trans. not sought).

Meunier-Short v. State, No. 32A01-1507-CR-96, ___ N.E.3d ___ (Ind. Ct. App., April 14, 2016).

April 18, 2016 Filed Under: Criminal Tagged With: Appeals, M. Robb

Trial court was not required to conduct indigency hearing before assessing fines, costs, and fees as condition of probation, but it must do so at some point before completion of probation or before revoking probation for failure to pay.
Trial court lacked authority to impose substance-abuse or drug-countermeasures fees.
Trial court abused its discretion in ordering defendant to return to school and maintain “C” average while being employed full-time; statute permits either maintaining full-time employment or “faithfully pursu[ing]” a course of study to equip him for employment.

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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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