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Case Clips

Published by the Indiana Office of Court Services

Appeals

Sibbing v. Cave, No. 49A02-0802-CV-165, ___ N.E.2d ___ (Ind. Ct. App., Mar. 5, 2009)

March 6, 2009 Filed Under: Civil Tagged With: Appeals, J. Baker, P. Mathias

Trial court did not abuse its discretion in refusing to permit defendant’s expert’s testimony that challenged the specific course of treatment chosen by plaintiff’s medical care providers to treat the injuries caused by defendant’s negligence.

Ashworth v. State, No. 49A02-0805-CR-448, __ N.E.2d __ (Ind. Ct. App., Feb. 20, 2009)

February 27, 2009 Filed Under: Criminal Tagged With: Appeals, M. Robb

Discusses whether detective’s opinion whether two other individuals had any “involvement” in charged crime could admissible under Evidence Rule 701 if based on “perceptions” of other officers, and notes federal opinion it could not, but does not decide as any error was harmless.

Gilliam v. State, No. 71A03-0808-CR-420, __ N.E.2d __ (Ind. Ct. App., Feb. 24, 2009)

February 27, 2009 Filed Under: Criminal Tagged With: Appeals, C. Darden

Failure to support children in three separate households was not a single episode of criminal conduct for purposes of consecutive sentencing.

George v. State, No. 73A05-0808-CR-503, __ N.E.2d __ (Ind. Ct. App., Feb. 24, 2009)

February 27, 2009 Filed Under: Criminal Tagged With: Appeals, M. Robb

Having a pharmacist determine the chemical composition of pills properly seized in an inventory search did not violate the Fourth Amendment or Art. 1, Section 11 of the Indiana Constitution.

House v. State, No. 48A02-0806-CR-537, __ N.E.2d __ (Ind. Ct. App., Feb. 24, 2009)

February 27, 2009 Filed Under: Criminal Tagged With: Appeals, C. Darden

A defendant imprisoned due to violating the terms and conditions of a drug court is entitled to credit time, but the credit time for any period of sanction imposed by the drug court may be waived by the defendant’s drug court agreement.

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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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