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Case Clips

Published by the Indiana Office of Court Services

Appeals

A.K. v. Indiana Dep't of Child Services, St. Joseph County, No. 71A05-0905-JV-261, __ N.E.2D __ (Ind. Ct. App., Mar. 31, 2010)

April 1, 2010 Filed Under: Juvenile Tagged With: Appeals, P. Mathias

Findings of fact and conclusions of law are required for termination of parental rights decisions.

Rieth-Riley Construction Co. v. Gibson, No. 64A04-0908-CV-445, __ N.E.2d __ (Ind. Ct. App., Mar. 25, 2010)

March 26, 2010 Filed Under: Civil Tagged With: Appeals, B. Barteau

“Discovery rule” for tolling statute of limitations does not apply when plaintiff knew of injury but did not discover identity of tortfeasor until limitations period had run.

A.S. v. State, No. 10A04-0911-JV-630, __ N.E.2d __ (Ind. Ct. App., Mar. 25, 2010)

March 26, 2010 Filed Under: Juvenile Tagged With: Appeals, J. Baker

Deliquency waiver of counsel was invalid when court made no inquiry about waiver, gave no advice about dangers of self-representation, and made no record of meaningful consultation about the waiver.

Tolliver v. State, No. 45A03-0906-CR-250, __ N.E.2d __ (Ind. Ct. App., Mar. 18, 2010)

March 19, 2010 Filed Under: Criminal Tagged With: Appeals, C. Bradford

Allowing police officer to testify as an expert on “body language” bearing on credibility was error, but testimony officer actually gave was admissible lay opinion evidence about physical behavior indicating reluctance to cooperate.

Siwinski v. Town of Ogden Dunes, No. 64A03-0909-CV-429, __ N.E.2d __ (Ind. Ct. App., Mar. 16, 2010)

March 19, 2010 Filed Under: Civil Tagged With: Appeals, J. Kirsch

Short-term rental of single family residence was not a “commercial” activity in violation of a zoning ordinance which limited “R” zones to “single-family dwelling” without expressly prohibiting short-term rentals.

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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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