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Case Clips

Published by the Indiana Office of Court Services

Appeals

Marshall v. Erie Insurance Exchange, No. 20A03-0908-CV-366, __ N.E.2d __ (Ind. Ct. App., Mar. 10, 2010)

March 12, 2010 Filed Under: Civil Tagged With: Appeals, M. Robb

Holds that an urban or residential landowner has a duty of reasonable care to prevent an unreasonable risk of harm to neighbors arising from the condition of trees on the landowner’s property.

H.S. v. K.M.C., No. 62A01-0910-CV-493, __ N.E.2d __ (Ind. Ct. App., Mar. 11, 2010)

March 12, 2010 Filed Under: Civil Tagged With: Appeals, M. Bailey

When there had never been any custody determination made, the Uniform Child Custody Jurisdiction Act did not apply to mother’s Indiana petition to get child born out of wedlock back from father who had taken the child to another state.

Washington v. State, No. 49A02-0907-CR-649, __ N.E.2d __ (Ind. Ct. App., Mar. 4, 2010)

March 5, 2010 Filed Under: Criminal Tagged With: Appeals, J. Kirsch, M. May

Warrantless search of vehicle during infraction stop to find a handgun which driver admitted he had and for which he possessed a valid permit violated the Fourth Amendment when the officer lacked an articulable basis of concern for officer safety.

Ault v. Brewer, No. 36A04-0907-CV-407, __ N.E.2d __ (Ind. Ct. App., Mar. 2, 2010)

March 5, 2010 Filed Under: Civil Tagged With: Appeals, P. Riley

Guardian’s closure of payable on death accounts to consolidate ward’s finances into a single account was not prohibited estate planning.

In re Adoption of L.D., No. 49A02-0907-CV-671, __ N.E.2d. __ (Ind. Ct. App., Feb. 25, 2010)

February 26, 2010 Filed Under: Civil Tagged With: Appeals, E. Najam

Since paternal grandparents adopting their grandchild were adoptive rather than biological grandparents, the maternal grandparent was not eligible for visitation under the Grandparent Visitation Act.

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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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