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Case Clips

Published by the Indiana Office of Court Services

J. Baker

Deere & Co. v. New Holland Rochester, Inc., No. 25A05-1006-CC-367, __ N.E.2d __ (Ind. Ct. App., Oct. 12, 2010)

October 15, 2010 Filed Under: Civil Tagged With: Appeals, J. Baker

Purchaser’s reliance on assurances of seller and bank that seller had satisfied liens on sale property was unreasonable and would not avoid the liens; purchaser had to contact lienholder directly.

Capital Drywall Supply, Inc. v. Jai Jagdish, Inc., No. 71A03-1004-PL-189, __ N.E.2d __ (Ind. Ct. App., Sept. 29, 2010)

October 7, 2010 Filed Under: Civil Tagged With: Appeals, E. Najam, J. Baker

“[A] mechanic’s lien claimant does not have a right to rely on telephone hearsay to identify the property owner and does so at its own risk.”

Upshaw v. State, No. 49A02-1003-CR-239, __ N.E.2d __ (Ind. Ct. App., Sept. 22, 2010)

September 28, 2010 Filed Under: Criminal Tagged With: Appeals, J. Baker

After defendant’s release on recognizance satisfied his initial C.R. 4(B) motion for speedy trial in 70 days, his “renewal” of his motion, after arrest on new charges and the revocation of his release on recognizance due to the new arrest, began a new 70 day period, not a resumption of the original 70 days.

Adcock v. State, No. 47A01-0912-CR-591, __ N.E.2d __ (Ind. Ct. App., Aug. 27, 2010)

September 3, 2010 Filed Under: Criminal Tagged With: Appeals, J. Baker

Prosecutor’s analogy to jig saw missing two pieces to demonstrate the difference between beyond all reasonable doubt and beyond a reasonable doubt did not require reversal.

Curtis v. State, No. 49A02-0911-CR-1106, ___ N.E.2d ___ (Ind. Ct. App., Aug. 5, 2010)

August 16, 2010 Filed Under: Criminal Tagged With: Appeals, J. Baker

Where it is undisputed that defendant will never recover from his mental illness and will never become competent to stand trial, it was a violation of due process to deny his motion to dismiss the criminal charges pending against him.

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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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