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Case Clips

Published by the Indiana Office of Court Services

Appeals

Hurst v. State, No. 49A02-1004-CR-378, __ N.E.2d __ (Ind. Ct. App., Dec. 16, 2010)

December 17, 2010 Filed Under: Criminal Tagged With: Appeals, E. Najam

Showing the police his eleven year-old’s text message and photograph of purported marijuana in stepfather’s house sufficiently corroborated the reliability of father’s report to police of the daughter’s message to support a search warrant for the house.

Commitment of G, No. 33A01-1006-MH-325, __ N.E.2d __ (Ind. Ct. App., Dec. 13, 2010)

December 17, 2010 Filed Under: Civil Tagged With: Appeals, P. Sullivan

Evidence did not support commitment on the basis ordered but, as it was sufficient for commitment on an alternative basis, case is remanded for a review proceeding).

Town of New Chicago v. City of Lake Station, No. 45A03-1001-PL-22, __ N.E.2d __ (Ind. Ct. App., Dec. 13, 2010)

December 17, 2010 Filed Under: Civil Tagged With: Appeals, N. Vaidik

As laches is an equitable defense, it was not available in this contract action, but the defense of equitable estoppel did apply.

Hunt Construction Group, Inc., v. Garrett, No. 49A02-1001-CT-86, __ N.E.2d __ (Ind. Ct. App., Dec. 14, 2010)

December 17, 2010 Filed Under: Civil Tagged With: Appeals, E. Friedlander, M. Barnes

Construction manager’s contractual duties are interpreted to give it a duty for safety of contractor’s employees; argument manager had a “nondelegable” duty toward contractor employee is rejected.

The Presbytery of Ohio Valley, Inc. v. O.P.C., Inc., No. 82A02-1003-MF-339, __N.E.2d __ (Ind. Ct. App., Dec. 14, 2010)

December 17, 2010 Filed Under: Civil Tagged With: Appeals, J. Baker

In church property dispute, Constitution-allowed “neutral principles” approach required trial court to examine church constitutions and similar laws for trust language which might favor ownership by the national church.

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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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