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Case Clips

Published by the Indiana Office of Court Services

Appeals

Price v. Kuchaes, No. 45A04-1007-CT-467, ___ N.E.2d___ (Ind. Ct. App., June 8, 2011)

June 10, 2011 Filed Under: Civil Tagged With: Appeals, M. Robb

Plaintiff was divested of standing to pursue his action while his bankruptcy was pending, but the bankruptcy’s dismissal before the trial court ruled on either party’s motion for summary judgment returned ownership of the action to him and plaintiff then had standing to pursue the action.

Vance v. State, 18A04-1011-CR-701, __N.E.2d __ (Ind. Ct. App., June 1, 2011)

June 2, 2011 Filed Under: Criminal Tagged With: Appeals, P. Riley

RILEY, J STATEMENT OF THE CASE Appellant-Defendant, Eddie Vance, Jr. (Vance), appeals the trial court’s decision to recommit him to the Department of Correction (DOC) following a guilty plea. We affirm.

Ault v. State, No. 49A04-1008-CR-492, __N.E.2d __ (Ind. Ct. App., June 2, 2011)

June 2, 2011 Filed Under: Criminal Tagged With: Appeals, C. Bradford

Defendant’s testimony is not necessary for establishing self-defense, but defendant’s subjective state of mind may be inferred from the circumstances to establish self-defense.

Kendrick v. State, No. 49A02-1003-CR-300, __ N.E.2d __ (Ind. Ct. App., May 26, 2011)

May 27, 2011 Filed Under: Criminal Tagged With: Appeals, E. Friedlander

When defendant shot a pregnant bank teller in the abdomen, causing the death of her twins, Indiana Double Jeopardy permitted a sentence only for attempted murder of the teller and required vacation of the sentences on two counts of feticide.

Robertson v. B.O., No. 49A04-1009-CT-528, ___ N.E.2d ___, (Ind. Ct. App., May 23, 2011)

May 27, 2011 Filed Under: Civil Tagged With: Appeals, P. Riley

The Indiana Patient’s Compensation Fund can introduce evidence concerning the existence and compensable nature of plaintiff’s damages after the plaintiff entered into a settlement with the healthcare provider settling the claim of medical malpractice.

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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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