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Case Clips

Published by the Indiana Office of Court Services

Appeals

Clark v. State, No. 22A-CR-2421, __N.E.3d __ (Ind. Ct. App., April 25, 2023).

May 1, 2023 Filed Under: Criminal Tagged With: Appeals, E. Tavitas

In the entrapment context, apparent agency does not depend on the principal’s express or implied authorization for the agent to act on the principal’s behalf; rather, apparent agency exists when a principal’s manifestations induce a third party to reasonably believe there is a principal-agent relationship.

Falletti v. State, No. 22A-IF-2421, __ N.E.3d __ (Ind. Ct. App., April 28, 2023).

May 1, 2023 Filed Under: Criminal Tagged With: Appeals, M. Robb

Pursuant to Ind. Code § 36-8-12-11, volunteer firefighters may display blue lights in limited places on their vehicles visible to the public, but non-volunteer firefighters may not display blue lights visible to the public at all.

Evans v. State, No. 22A-PC-220, __ N.E.3d __ (Ind. Ct. App., May 1, 2023).

May 1, 2023 Filed Under: Criminal Tagged With: Appeals, R. Pyle

A habitual offender adjudication must be based on proof that a defendant has accumulated two prior unrelated felony convictions, meaning that the commission, conviction, and sentencing on the first felony preceded the commission, conviction, and sentence on the second felony. A post-conviction petitioner who challenges his habitual offender determination must demonstrate that he was not a habitual offender under the habitual offender statute and that his various convictions did not in fact occur in the required order.

Cooley v. Cooley, No. 22A-DN-1202, __ N.E.3d __ (Ind. Ct. App., April 14, 2023).

April 17, 2023 Filed Under: Civil Tagged With: Appeals, P. Mathias

In a dissolution of marriage, the trial court had the discretion to order husband to secure a life insurance policy as security for his equalization payment for division of his pension.

Fields v. Gaw, No. 22A-CT-2687, __ N.E.3d __ (Ind. Ct. App., April 14, 2023).

April 17, 2023 Filed Under: Civil Tagged With: Appeals, P. Riley

Landlord was not an “owner” of her tenants’ dogs for purposes of establishing liability under Indiana’s Liability for Dog Bites Statute

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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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