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Case Clips

Published by the Indiana Office of Court Services

Appeals

Lesley v. Lesley, No. 79A02-1305-DR-472, __ N.E.3d __ (Ind. Ct. App., March 25, 2014)

March 27, 2014 Filed Under: Civil Tagged With: Appeals, J. Baker, T. Crone

Trial court does not have the statutory authority to reevaluate its decision on granting wife post-dissolution maintenance when it has already issued the final dissolution decree.

Corbally v. State, No. 41A04-1304-CR-175, __ N.E.3d __ (Ind. Ct. App., Mar. 19, 2014).

March 20, 2014 Filed Under: Criminal Tagged With: Appeals, M. Barnes

Testimony by police investigator of victim’s statement to investigator was inadmissible hearsay, and while defendant withdrew his hearsay objection he did not waive the objection under the circumstances

Moss v. State, No. 49A02-1307-CR-618, __ N.E.3d __ (Ind. Ct. App., Mar. 20, 2014).

March 20, 2014 Filed Under: Criminal Tagged With: Appeals, C. Darden

When defendant had his prior felony conviction reduced to a misdemeanor, after he was charged in this case with C felony handgun without a license based on the prior felony, his motion to dismiss the C felony should have been granted even though he had the prior felony conviction when the handgun offense was committed.

Hicks v. State, No. 82A01-1306-CR-256, __ N.E.2d __ (Ind. Ct. App., Mar. 11, 2014).

March 13, 2014 Filed Under: Criminal Tagged With: Appeals, P. Mathias

When “basic questions” asked by police in “pre-interview” did not result in a confession, there was no violation of Missouri v. Seibert’s rule that police cannot purposefully withhold Miranda warnings to get a confession and then secure a Miranda waiver, based on the first confession, before questioning to get a second confession.

Hitchens v. Collection Specialists, Inc., No. 48A05-1306-SC-302, __ N.E.2d __ (Ind. Ct. App., March 11, 2014).

March 13, 2014 Filed Under: Civil Tagged With: Appeals, R. Pyle

The small claims court did not deny defendant’s due process when it admitted a letter containing hearsay into evidence, and based its decision on that letter.

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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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