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Case Clips

Published by the Indiana Office of Court Services

M. May

Howard Regional Health System v. Gordon, No. 34A02-0902-CV-179, __ N.E.2d __ (Ind. Ct. App., Apr. 16, 2010)

April 20, 2010 Filed Under: Civil Tagged With: Appeals, M. May

Claim for third-party spoliation of evidence against hospital was not subject to Medical Malpractice Act procedures.

Washington v. State, No. 49A02-0907-CR-649, __ N.E.2d __ (Ind. Ct. App., Mar. 4, 2010)

March 5, 2010 Filed Under: Criminal Tagged With: Appeals, J. Kirsch, M. May

Warrantless search of vehicle during infraction stop to find a handgun which driver admitted he had and for which he possessed a valid permit violated the Fourth Amendment when the officer lacked an articulable basis of concern for officer safety.

Tharp v. State, No. 49A02-0905-CR-394, __ N.E.2D __ (Ind. Ct. App., Feb. 18, 2010)

February 19, 2010 Filed Under: Criminal Tagged With: Appeals, M. May

Evidence the protected person or another layperson told the defendant there was a protective order against him does not suffice to prove the protective order knowledge element in the invasion of privacy offense.

Nunley v. State, No. 31A01-0902-CR-88, __ N.E.2d __ (Ind. Ct. App., Nov. 16, 2009)

November 20, 2009 Filed Under: Criminal Tagged With: Appeals, M. May

Child’s statement did not have sufficient indicia of reliability to be admissible under the protected persons statute.

Koenig v. State, No. 42A04-0903-CR-146, __ N.E.2d __ (Ind. Ct. App., Oct. 30, 2009)

November 6, 2009 Filed Under: Criminal Tagged With: Appeals, M. May

Defendant’s trial objection on hearsay and foundational grounds sufficed to preserve the Confrontation Clause argument he wished to raise on appeal.

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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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