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Case Clips

Published by the Indiana Office of Court Services

M. Massa

Gresk v. Demetris, No. 49S02-1711-MI-686, __ N.E.3d __ (Ind., May 10, 2018).

May 14, 2018 Filed Under: Civil Tagged With: M. Massa, Supreme

Indiana’s anti-Strategic Lawsuits Against Public Participation (SLAPP) statute protects a person’s actions “in furtherance of” his or her right of petition or free speech and “in connection with a public issue”; the statute is inapplicable to a doctor that reported suspected child abuse.

McGrath v. State, No. 49S04-1710-CR-653, __ N.E.3d __ (Ind., May 1, 2018).

May 7, 2018 Filed Under: Criminal Tagged With: M. Massa, Supreme

Investigation into and observations of the home were “sufficiently indicative of a marijuana grow” when viewed together and in light of the officer’s training. The issuance of a second warrant was proper under the collective knowledge doctrine, which presumes the officer’s credibility so no special showing of reliability was required.

Brantley v. State, No. 18S-CR-98, __ N.E.3d __ (Ind., Feb. 16, 2018).

February 19, 2018 Filed Under: Criminal Tagged With: M. Massa, Supreme

Voluntary manslaughter may be brought as a standalone charge with the element of sudden heat as a mitigating factor, which a jury may consider along with claims of self-defense.

Gunderson v. State, No. 46S03-1706-PL-423, __ N.E.3d __(Ind., Feb. 14, 2018).

February 19, 2018 Filed Under: Civil Tagged With: M. Massa, Supreme

The boundary separating public trust land from privately-owned riparian land along the shores of Lake Michigan is the common-law ordinary high-water mark and that, absent an authorized legislative conveyance, the State retains exclusive title up to that boundary.

Johnson v. State, No. 32S05-1707-CR-469, __ N.E.3d __ (Ind., Dec. 21, 2017).

December 29, 2017 Filed Under: Criminal Tagged With: M. Massa, Supreme

The state must prove that each of the three prior unrelated felony convictions meet the ten-year requirement in order to have a person sentenced as a habitual offender under Ind. Code 35-50-2-8(d).

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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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