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Case Clips

Published by the Indiana Office of Court Services

Appeals

Goens v. State, No. 41A01-1006-CR-277, __ N.E.2d __ (Ind. Ct. App., Feb. 14, 2011)

February 18, 2011 Filed Under: Criminal Tagged With: Appeals, P. Mathias

Statute requires only one operating stoplight on a vehicle, so motorist whose vehicle had one operating stoplight and one burned out was not in violation of the traffic law, and officer’s good faith belief that an unoperational stoplight was an infraction did not justify stopping the motorist, so that motion to suppress should have been granted.

In Re Guardianship of J.Y., No. 27A02-1005-GU-744, ___ N.E.2d ___, (Ind. Ct. App., Feb 15, 2011)

February 18, 2011 Filed Under: Civil Tagged With: Appeals, M. Bailey

“[R]equirements of a personal representative are not the same as the requirements for a guardian, and as a result a nonprofit corporation not authorized as a corporate fiduciary in Indiana may serve as guardian where it could not serve as a personal representative.”

Thompson v. Gerowitz, No. 49A05-1005-CT-296, ___ N.E.2d ___ (Ind. Ct. App., Feb. 16, 2011)

February 18, 2011 Filed Under: Civil Tagged With: Appeals, M. Barnes

Juror’s silence during voir dire when taken with her subsequent statement to the trial court regarding possible bias required the trial court to conduct a hearing out of the presence of the remainder of the jury to determine whether the juror’s silence indicated bias or lack of disinterest, and whether the hearing itself created a bias in the juror.

Kolozsvari v. Doe, No. 32A04-1008-CT-525, __ N.E.2d __ (Ind. Ct. App., Feb. 10, 2011)

February 11, 2011 Filed Under: Civil Tagged With: Appeals, M. Bailey

Pharmacists have a duty to warn of the side effects of prescribed medications or to refuse to fill the prescription when a pharmacist has information that gives rise to a duty to exercise professional judgment.

Beneficial Indiana, Inc. v. Joy Properties, LLC, No. 02A05-1005-PL-260, ___ N.E.2d ___ (Ind. Ct. App., Feb. 10, 2011)

February 11, 2011 Filed Under: Civil Tagged With: Appeals, C. Darden

A claimant other than one identified Ind. Code 6-1.1-24-7 may pursue disbursement of a tax sale surplus in the trial court, and that equity requires that the claimant with the more substantial interest in the real estate should be granted disbursement of the tax sale surplus.

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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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