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Case Clips

Published by the Indiana Office of Court Services

Appeals

Devlin v. Peyton, No. 49A02-1008-DR-902, ___ N.E.2d ___ (Ind. Ct. App., Mar. 18, 2011)

March 25, 2011 Filed Under: Civil Tagged With: Appeals, C. Bradford

Dissolution court cannot sua sponte assume jurisdiction over adoption of child of the marriage when adoption is pending in another court.

Hall v. State, No. 25A05-1008-CR-534, __ N.E.2d __ (Ind. Ct. App., Mar. 15, 2011)

March 18, 2011 Filed Under: Criminal Tagged With: Appeals, J. Bailey

Where defendant was confined prior to trial on several counties’ unrelated charges and court used discretion to make sentence consecutive to those imposed in the other counties, defendant was entitled to pretrial credit time only against the aggregate of the consecutive sentences.

Grange Mut. Cas. Co. v. West Bend Mut. Ins. Co, No. 29A02-1008-PL-965, ___ N.E.2d ___ (Ind. Ct. App., March 15, 2011)

March 18, 2011 Filed Under: Civil Tagged With: Appeals, E. Friedlander, M. May

In a coverage dispute regarding occurrence polices, the time of the damage, and not the time of the alleged negligent conduct that caused the damage, is the triggering event for coverage. Further, coverage under both policies were triggered under the circumstances of this case and damages are to be apportioned pursuant to the language of the insurance policies.

Gray v. State, No. 82A01-1005-CR-223, __ N.E.2d __ (Ind. Ct. App., Mar. 8, 2011)

March 11, 2011 Filed Under: Criminal Tagged With: Appeals, C. Bradford, J. Kirsch

Evidence of constructive possession of marijuana, found in defendant’s house under her coffee table next to two juveniles on the couch, was insufficient to convict.

White v. State, No. 15A01-1008-CR-463, __ N.E.2d __ (Ind. Ct. App., Mar. 9, 2011)

March 11, 2011 Filed Under: Criminal Tagged With: Appeals, J. Baker

Record of defendant’s felony conviction reached in another state when he was fifteen years old was insufficient to support habitual offender finding without additional evidence on the other state’s procedures assuring that he was convicted as an adult.

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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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