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Case Clips

Published by the Indiana Office of Court Services

E. Najam

Neal v. State, No. 20A04-1606-CR-1326, __ N.E.3d __ (Ind. Ct. App., Dec. 29, 2016).

January 3, 2017 Filed Under: Criminal Tagged With: Appeals, E. Najam

The court substantially complied with the requirement of I.C. 35-38-1-7.8(c) by making it clear to the defendant that her status as a credit-restricted felon would impact her ability to earn credit time toward her sentence.

Brown v. City of Valparaiso, No. 64A05-1607-PL-1488, __N.E.3d__ (Ind. Ct. App., Dec. 30, 2016).

January 3, 2017 Filed Under: Civil Tagged With: Appeals, E. Najam

There is no private cause of action under the Flood Control Act.

Sheetz v. Sheetz, No. 01A05-1601-DR-80, __N.E.3d__ (Ind. Ct. App., Nov. 23, 2016).

November 28, 2016 Filed Under: Civil Tagged With: Appeals, E. Najam, N. Vaidik

Husband is equitably estopped from rebutting the presumption that he is child’s biological father because he told his wife that he would raise the child as his own, prohibited her from telling the child’s biological father that she was pregnant and also instructed her not to seek support from the biological father or to file a paternity action.

Johnson v. State, 71A04-1605-CR-1042, __ N.E.3d __ (Ind. Ct. App., Sept. 16, 2016).

September 19, 2016 Filed Under: Criminal Tagged With: Appeals, E. Najam

Driver of car constructively possessed heroin when the driver made furtive gestures when pulled over, the heroin was in close proximity to the driver, and the nature of the space demonstrated that he knew of the nature and presence of the heroin.

White v. Canal Ins. Co., No. 71A03-1602-CT-270, __ N.E.3d __ (Ind. Ct. App., Sept. 8, 2016).

September 12, 2016 Filed Under: Civil Tagged With: Appeals, E. Najam

As a matter of law, service on out-of-state defendant at the home address provided to the police at the time of the time of the accident and service on the defendant company through the Indiana Secretary of State was consistent with due process and reasonably calculated to inform the defendants that an action had been instituted against them.

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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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