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Case Clips

Published by the Indiana Office of Court Services

Appeals

Holmes-Bey v. State, No. 33A05-1406-MI-290, __ N.E.2d __ (Ind. Ct. App., Nov. 20, 2014).

November 13, 2014 Filed Under: Criminal Tagged With: Appeals, M. Bailey

Because inmate’s petition sought review of a prison disciplinary sanction, rather than alleging a violation of his constitutional rights, the trial court had no authority to hear the petition and its dismissal was required.

Esmond v. State, No. 56A05-1404-CR-163, __ N.E.2d __ (Ind. Ct. App., Nov. 13, 2014).

November 13, 2014 Filed Under: Criminal Tagged With: Appeals, P. Mathias, T. Crone

Defendant found incompetent to stand trial was not entitled to have counsel present during an insanity defense psychiatric examination by the State’s mental health expert.

Anonymous Physician v. Rogers, No. 02A03-1401-CT-1, __ N.E.3d __ (Ind. Ct. App., Nov. 7, 2014).

November 13, 2014 Filed Under: Civil Tagged With: Appeals, J. Kirsch, M. Robb

Doctrine of continuing wrong does not apply to doctor’s continued use of disinfectant that caused plaintiff’s allergic reaction in his medical malpractice action.

Neal v. Austin, No. 49A02-1404-DR-225__ N.E.3d __ (Ind. Ct. App., Oct. 31, 2014).

November 6, 2014 Filed Under: Civil Tagged With: Appeals, M. Robb

Ind. Code § 31-16-6-6 “necessitates that where the most recent order establishing a child support obligation was issued after June 30, 2012, the child must file a petition for educational needs before the child becomes nineteen years of age.”

Swallow v. State, No. 89A01-1401-CR-24, __ N.E.3d __ (Ind. Ct. App., Oct. 28, 2014).

October 30, 2014 Filed Under: Criminal Tagged With: Appeals, M. May

Special prosecutor was not required when defense counsel joined the prosecutor’s office as a deputy, since adequate steps were taken to insure that the former defense counsel had no communications of any sort with other members of the prosecutor’s office about defendant’s case.

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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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