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Case Clips

Published by the Indiana Office of Court Services

L. Rush

Kesling v. Hubler Nissan, Inc., No. 49S02-1302-CT-89, __ N.E.2d __ (Ind., Oct. 29, 2013).

October 31, 2013 Filed Under: Civil Tagged With: L. Rush, Supreme

“An auto dealership’s advertisement of an inexpensive used car as a “Sporty Car at a Great Value Price,” is textbook puffery—not actionable as deception or fraud, because a reasonable buyer could not take it as a warranty about the car’s performance or safety characteristics. But when the dealer has inspected the car and should know it has serious problems, answering a buyer’s question about why it idled roughly by claiming that it “would just need a tune-up” may be actionable as fraud.”

Schwartz v. Heeter, No. 02S03-1301-DR-18, __ N.E.2d __ (Ind., Sept. 26, 2013).

September 27, 2013 Filed Under: Civil Tagged With: L. Rush, Supreme

A child support agreement incorporates the version of the Child Support Guidelines in effect for each particular year’s income.

Becker v. State, No. 45S03-1301-CR-9, __ N.E.2d __ (Ind., Aug. 22, 2013).

August 29, 2013 Filed Under: Criminal Tagged With: L. Rush, Supreme

Under a supreme court 2011 decision, Indiana ex post facto law would have allowed lifetime sex offender registration to apply to Becker, but a 2008 trial court ruling to the contrary was res judicata against the State on the issue, as the local prosecutor’s representation in the 2008 litigation was in privity with the DOC’s intervention in 2011 seeking to impose lifetime registration status based on the 2011 opinion.

In Re Adoption of C.B.M. & C.R.M, No. 37S03-1303-AD-159, __ N.E.2d __ (Ind., Aug. 16, 2013).

August 22, 2013 Filed Under: Civil Tagged With: L. Rush, Supreme

The adoption of two children was voidable under T.R. 60(B)(7) when the natural mother’s termination of parental rights was reversed on appeal.

N. L. v. State, No. 47S01-1302-JV-126, __ N.E.2d __ (Ind., July 1, 2013).

July 3, 2013 Filed Under: Juvenile Tagged With: L. Rush, Supreme

To order a delinquent child to register as a sex offender, the juvenile court must first hold an evidentiary hearing and “expressly” find “by clear and convincing evidence that the juvenile is likely to commit another sex offense.”

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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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