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Case Clips

Published by the Indiana Office of Court Services

D. Molter

Duke Energy Ind., LLC v. Carmel, No. 23S-EX-129, __ N.E.3d __ (Ind., May 30, 2024).

June 3, 2024 Filed Under: Civil Tagged With: C. Goff, D. Molter, G. Slaughter, M. Massa

Indiana Utility Regulatory Commission properly held that city ordinance was unreasonable and void because it threatened to impose unreasonable expenses on an energy company, which would in turn impact all of the energy company’s customers throughout Indiana.

Red Lobster Restaurants, LLC v. Fricke, No. 23S‐CT‐304, __ N.E.3d __ (Ind., May 21, 2024).

May 27, 2024 Filed Under: Civil Tagged With: D. Molter, Supreme

A plaintiff‐debtor’s omission of a lawsuit from their bankruptcy asset schedule does not deprive them of standing to pursue that lawsuit. Judicial estoppel does not bar the claim if the bankruptcy court permits the plaintiff‐debtor to cure their omission by amending their asset schedule.

Lane v. State, No. 24S-CR-150, __N.E.3d __ (Ind., May 2, 2024).

May 3, 2024 Filed Under: Criminal Tagged With: C. Goff, D. Molter, Supreme

Sentencing courts should consider the full range of available options, including community-based rehabilitation programs, for defendants who commit low-level offenses but pose little continuing danger to others. However, to ensure public safety, courts should consider extended jail sentences for low-level offenders with a history of violence who pose a continuing threat to others. Reviewing courts will defer to a trial court’s considered assessment that a person is too dangerous to receive anything but a lengthy executed sentence.

Morales v. Rust, No. 23S-PL-371, __ N.E.3d __ (Ind., March 6, 2024).

March 11, 2024 Filed Under: Civil Tagged With: C. Goff, D. Molter, M. Massa

The Affiliation Statute, the statute that contains objective criteria for determining eligibility to appear on the primary ballot of a major political party and discretion for a party to allow the candidacy regardless of compliance, is constitutional.

Teising v. State, No. 24S-CR-55, __ N.E.3d __ (Ind., Feb. 15, 2024).

February 19, 2024 Filed Under: Criminal Tagged With: D. Molter, Supreme

The maxim that “ignorance of the law is no excuse” does not relieve the State of its burden to prove criminal intent, even when the defendant bases their claimed lack of intent on a misunderstanding of the civil law.

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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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