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Case Clips

Published by the Indiana Office of Court Services

M. Bailey

C.A.B. v. J.D.M., No. 37A03-1204-AD-149, ___ N.E.2d ___ (Ind. Ct. App., Nov. 30, 2012).

December 7, 2012 Filed Under: Civil Tagged With: Appeals, M. Bailey, N. Vaidik

Mother was denied due process when her children were allowed to be adopted while the appeal of her termination of parental rights was pending.

Wilson v. State, No. 29A02-1202-CR-88, __ N.E.2d __ (Ind. Ct. App., Sept. 6, 2012).

September 10, 2012 Filed Under: Criminal Tagged With: Appeals, M. Bailey

Trial court did not abuse discretion by excluding evidence of Department of Toxicology Laboratory audits of tests performed from 2007 t0 2009, on the basis that defendant’s test was performed in 2011 when “different procedures were executed by different analysts serving under a different Director more than 1 ½ years beyond the chronological scope of the audits.”

Iltzsch v. State, No. 49A02-1112-CR-1164, __ N.E.2d __ (Ind. Ct. App., Aug. 14, 2012).

August 17, 2012 Filed Under: Criminal Tagged With: Appeals, M. Bailey, P. Mathias

Reverses restitution order because it rested solely upon victim’s unsupported assertions of loss as related to probation officer and placed in PSI, and holds State may not have a new restitution hearing to present evidence sufficient to support a restitution award.

Cline v. State, No. 06A05-1111-MI-611, __ N.E.2d __ (Ind. Ct. App., July 26, 2012).

July 27, 2012 Filed Under: Criminal Tagged With: Appeals, M. Bailey, M. Robb

Trial court, which determined that Indiana ex post facto law prevents state from requiring petitioner to register as a sex offender, did not have authority to order the petitioner’s name to be removed from the Sex Offender Registry.

McWhorter v. State, No. 33A01-1202-PC-72, __ N.E.2d __ (Ind. Ct. App., July 12, 2012).

July 13, 2012 Filed Under: Criminal Tagged With: Appeals, M. Bailey

Instructions “prescribed sequential error.”

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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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