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Case Clips

Published by the Indiana Office of Court Services

C. Goff

Zaragoza v. Wexford of Ind., LLC, No. 23S-CT-99, __ N.E.3d __ (Ind., Jan. 25, 2024).

January 29, 2024 Filed Under: Civil Tagged With: C. Goff, Supreme

The trial court should not have granted summary judgment. An inmate must rely on prison authorities for their medical needs. If they aren’t meeting those needs, the courts must not prematurely close their doors to a potentially meritorious claim.

Pennington v. Memorial Hosp. of South Bend, Inc., No. 23S-CT-182, __ N.E.3d __ (Ind., Jan. 9, 2024).

January 16, 2024 Filed Under: Civil Tagged With: C. Goff, Supreme

The test for civil liability for conditions on the land looks at whether the danger posed by the specific condition involved was foreseeable, but the test for activities on the land looks at whether it was foreseeable that a general class of persons to which the plaintiff belonged might suffer the general type of harm involved.

State v. $2,435 in United States Currency and Alucious Q. Kizer, No. 23S-CR-72, __ N.E.3d __ (Ind., Oct. 31, 2023).

November 6, 2023 Filed Under: Civil Tagged With: C. Goff, Supreme

A claimant in an action brought under Indiana’s civil forfeiture statute has a constitutional right to trial by jury.

Land v. IU Credit Union, No. 23S-CP-115, __ N.E.3d __ (Ind., Oct. 24, 2023).

October 30, 2023 Filed Under: Civil Tagged With: C. Goff, M. Massa, Supreme

The bank provided its customer with reasonable notice of its offer to amend its bank account terms, but the customer’s silence and inaction did not amount to acceptance of the amended terms.

Davis v. State, No. 22S-CR-253, __ N.E.3d __ (Ind., Oct. 3, 2023)(opinion on rehearing).

October 10, 2023 Filed Under: Criminal Tagged With: C. Goff, D. Molter, Supreme

When a defendant waives the right to pursue their sentence as part of a plea agreement, they may not pursue a direct appeal of their sentence even if they can prove they did not knowingly and voluntarily waive the right to do so. A defendant must seek to vacate their guilty plea in post-conviction relief.

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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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