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Case Clips

Published by the Indiana Office of Court Services

L. Rush

Hancz-Barron v. State, No. 22S-LW-310, __ N.E.3d __ (Ind., June 26, 2024).

July 1, 2024 Filed Under: Criminal Tagged With: L. Rush, Supreme

To recommend LWOP, the jury must (1) find the state has proved beyond a reasonable doubt that at least one statutory aggravator exists, (2) provide a special verdict form for each aggravating circumstance alleged, and (3) find that any mitigating circumstances that exist are outweighed by the aggravating circumstance or circumstances. If those three steps are satisfied and the jury recommends LWOP, the court shall sentence the defendant accordingly. Moreover, depending on the circumstances of the crime(s), consecutive life sentences for each murder victim does not render the sentence disproportionate.

Foster v. First Merchants Bank, N.A., No. 24S-PL-75, __ N.E.3d __ (Ind., June 27, 2024).

July 1, 2024 Filed Under: Civil Tagged With: G. Slaughter, L. Rush, Supreme

Even though plaintiff had not taken any action in a case for over a decade, because the defendant moved for dismissal under T.R. 41(E) after the plaintiff had resumed prosecution, the trial court improperly dismissed the case.

Bojko v. Anonymous Physician, No. 23S-CT-343, __ N.E.3d __ (Ind., May 9, 2024).

May 13, 2024 Filed Under: Civil Tagged With: L. Rush, Supreme

Trial courts have no authority to redact or otherwise exclude the evidence a party submits to a medical review panel.

Smith v. State, No. 23S-MI-345, __ N.E.3d __ (Ind. Ct. App., Apr. 30, 2024).

May 3, 2024 Filed Under: Civil Tagged With: L. Rush, Supreme

When the State fails to meet its burden at a forfeiture hearing, the trial court must order the money released to the person to whom it belongs. When the money was seized from the person contesting the forfeiture, the court will release the money to that person. But when someone else contests the forfeiture, that party must produce evidence showing the money belongs to them. The court must then determine whether that person has established ownership. If so, the court must order the money returned to that person. But if that person has not established ownership, the court must order the money returned to the person from whom the money was seized.

Cooley v. Cooley, No. 23S-DN-245, __ N.E.3d __ (Ind., March 20, 2024).

March 25, 2024 Filed Under: Civil Tagged With: L. Rush, Supreme

Trial courts have broad statutory authority to order a security or other guarantee, when necessary, to secure the division of property in a dissolution of marriage; the trial court properly required husband to obtain and subsidize a life insurance policy on his retirement benefits.

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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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