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Case Clips

Published by the Indiana Office of Court Services

L. Rush

Weisheit v. State, No. 10S00-1507-PD-413, __ N.E.3d __ (Ind., Nov. 7, 2018).

November 13, 2018 Filed Under: Criminal Tagged With: G. Slaughter, L. Rush, S. David, Supreme

Defendant’s conviction of the murders of two children, arson, death penalty sentence affirmed; finding that although mistakes were made by trial and appellate counsel most of them did not rise to the level of deficient performance under the Strickland decision, and defendant in any case failed to demonstrate that he was prejudiced.

Gittings v. Deal, No. 18S-TR-231, __ N.E.3d __ (Ind., Nov. 2, 2018).

November 13, 2018 Filed Under: Civil Tagged With: L. Rush, Supreme

Trust claims are subject to statutes of limitations to the extent they seek affirmative relief, but do not prevent the request for court approval of the property transfers.

State v. Norfolk So. Railway Co., No. 18S-IF-193, __ N.E.3d __ (Ind., Sept. 24, 2018).

October 1, 2018 Filed Under: Civil Tagged With: L. Rush, Supreme

The Interstate Commerce Commission Termination Act preempts Indiana’s blocked-railroad crossing statute.

R.R. v. State, No. 18S-JV-230, __ N.E.3d __ (Ind., Sept. 13, 2018).

September 17, 2018 Filed Under: Juvenile Tagged With: G. Slaughter, L. Rush, M. Massa, S. David, Supreme

A juvenile has a right to be present at a fact-finding hearing under Ind. Code 31-32-5-1, unless waived by counsel; waived by parent, guardian, custodian, or guardian ad litem; or waived by the child.

Cox v. Evansville Police Dept., No. 18S-CT-447, __ N.E.3d __ (Ind., Sept. 13, 2018).

September 17, 2018 Filed Under: Civil Tagged With: L. Rush, Supreme

Cities may be liable under the respondeat superior scope-of-employment rule for sexual assaults by on-duty police officers, but the common-carrier exception does not apply.

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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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