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Case Clips

Published by the Indiana Office of Court Services

M. May

Nealy v. American Family Mut. Ins. Co., No. 49A02-0812-CV-1096, ___ N.E.2d ___ (Ind. Ct. App., Aug. 10, 2009)

August 14, 2009 Filed Under: Civil Tagged With: Appeals, M. May

Insurance company was not entitled to setoff pursuant to the advance payment statute because there were multiple defendants and the insurance company was the plaintiffs’, rather than the defendants’, insurer.

Peterson v. State, No. 29A05-0902-CR-101, __ N.E.2d )__ (Ind. Ct. App., July 14, 2009)

July 17, 2009 Filed Under: Criminal Tagged With: Appeals, M. May

Probationer’s answers to sex offender treatment polygraph exam were properly admitted at his probation revocation hearing.

Hoop v. State, No. 49A02-0807-CR-666, __ N.E.2d __ (Ind. Ct. App., July 14, 2009)

July 17, 2009 Filed Under: Civil Tagged With: Appeals, M. May

In contrast to the Fourth Amendment, the Indiana Constitution requires reasonable suspicion before police may conduct a drug dog sniff of a residence.

Stokes v. State, No. 43A04-0811-CR-655, __N.E.2d __ (Ind. Ct. App., June 23, 2009)

June 26, 2009 Filed Under: Criminal Tagged With: Appeals, M. May

Alternate’s conversation with deliberating jurors did not require a mistrial when trial judge polled jurors and all indicated they were not influenced by alternate.

Gonzalez v. State, No. 82A01-0809-CR-406, __ N.E.2d __ (Ind. Ct. App., June 23, 2009)

June 26, 2009 Filed Under: Criminal Tagged With: Appeals, M. May

Gonzalez v. State (Ind. Ct. App., May, J.)-When trial judge took plea agreement under advisement to allow the school which owned the bus defendant hit to decide whether to object, defendant’s letter to the school apologizing was a plea negotiation statement privileged under Evidence Rule 410 and its admission in evidence was reversible 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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