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Case Clips

Published by the Indiana Office of Court Services

L. Rush

Kennedy Tank & Mfg. Co., Inc. v. Emmert Industrial Corp., No. 49S02-1608-CT-431, __N.E.3d__ (Ind., Jan. 3, 2016).

January 9, 2017 Filed Under: Civil Tagged With: L. Rush, Supreme

Indiana’s 10-year statute of limitations is not preempted by the federal statute of limitations in the Interstate Commerce Commission Termination Act.

Rogers v. Martin, No. 02S05-1603-CT-114, __N.E.3d__ (Ind., Oct. 26, 2016).

October 31, 2016 Filed Under: Criminal Tagged With: L. Rush, Supreme

Although landowner had no duty to protect an invitee from an unforeseeable harm, she did have a duty to protect the invitee from the foreseeable exacerbation of the injury occurring in her home. Under Indiana’s Dram Shop Act, a person does not “furnish” alcohol by providing it to someone who already possesses it.

Griffith v. State, No. 27S00-1503-LW-145, __ N.E.3d __ (Ind., Sept. 29, 2016).

October 3, 2016 Filed Under: Criminal Tagged With: L. Rush, Supreme

Supreme Court upholds murder, robbery, and conspiracy to commit robbery conviction and sentence of life imprisonment without possibility of parole (LWOP).

D.A. v. State, No. 48S02-1604-MI-183, __ N.E.3d __ (Ind., Sept. 1, 2016).

September 6, 2016 Filed Under: Civil, Criminal Tagged With: L. Rush, Supreme

“Under the plain language of Indiana Code section 35-38-9-4, civil forfeitures are not included within the “conviction records” that may be expunged.”

Day v. State, No. 24C02-1501-CM-70, __ N.E.3d __ (Ind., Aug. 29, 2016).

August 29, 2016 Filed Under: Criminal Tagged With: L. Rush, Supreme

Indiana disorderly conduct statute (Ind. Code § 35-45-1-3) includes both public and private disturbances, but only physical, and not verbal, altercations.

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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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