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Case Clips

Published by the Indiana Office of Court Services

Appeals

Engelking v. Engelking, No. 18A02-1206-DR-495, ___ N.E.2d ___ (Ind. Ct. App., Jan. 15, 2013).

January 17, 2013 Filed Under: Civil Tagged With: Appeals, R. Pyle

Father had a duty to support children conceived during marriage by artificial insemination when the trial court found that father knowingly and voluntarily consented to the artificial inseminations.

Erwin v. HSBC Mortgage Svcs., Inc., No. 32A01-1202-CT-80, ___ N.E.2d ___ (Ind. Ct. App., Jan. 15, 2013).

January 17, 2013 Filed Under: Civil Tagged With: Appeals, E. Friedlander

Property mortgagor and property managers owed no duty to a girl who drowned in the pool of an abandoned house.

Tipton v. State, No. 47A01-1201-CR-4, __ N.E.2d __ (Ind. Ct. App., Dec. 21, 2012).

December 31, 2012 Filed Under: Criminal Tagged With: Appeals, M. May

For purposes of Class C felony criminal recklessness shooting a firearm into an “inhabited dwelling,” a dwelling is “inhabited” “if someone is likely to be inside,” even if it is shown that in fact no one was inside at the time of the shooting.

Austin v. State, No. 20A03-1112-CR-588, __ N.E.2d __ (Ind. Ct. App., Dec. 21, 2012).

December 31, 2012 Filed Under: Criminal Tagged With: Appeals, M. May

Trial court properly found that defendant could not be tried on the seventieth day under his Criminal Rule 4(B) motion when there was a contested child support hearing scheduled for that day and the continuance of the defendant’s earlier scheduled trial date did not leave time for summoning jurors or for state witness subpoenas.

Malloch v. State, No. 17A03-1201-CR-37, __ N.E.2d __ (Ind. Ct. App., Dec. 21, 2012).

December 31, 2012 Filed Under: Criminal Tagged With: Appeals, J. Sharpnack

Even though detective’s interrogation was intense and confrontational, defendant’s video-taped child-molesting confession was voluntary under the circumstances.

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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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