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Case Clips

Published by the Indiana Office of Court Services

M. May

State v. Pemberton, No. 21A-CR-668, __ N.E.3d __ (Ind. Ct. App., March 31, 2022).

April 4, 2022 Filed Under: Criminal, Juvenile Tagged With: Appeals, D. Molter, M. May

Absent specific exceptions outlined by our legislature in other statutes, acts that would be criminal offenses if committed by adults are defined by Indiana law as delinquent acts when committed by individuals under age eighteen, and Indiana law gives exclusive jurisdiction of delinquency proceedings to juvenile courts.

Murray v. State, No. 21A-CR-1495__ N.E.3d __ (Ind. Ct. App., Feb. 11, 2022).

February 14, 2022 Filed Under: Criminal Tagged With: Appeals, M. May

The Fifth Amendment right against self-incrimination is not violated when a defendant is ordered to show their teeth to the jury because doing so is a non-testimonial physical demonstration.

Allen v. State, No. 21A-XP-368, __ N.E.3d __ (Ind. Ct. App., Jan. 25, 2022).

January 31, 2022 Filed Under: Criminal Tagged With: Appeals, M. May

Under the permissive expungement statute, a trial court may deny an expungement petition after considering the nature and circumstances of the crime,and the petitioner’s character

Afanador v. State, No. 21A-CR-1000, __ N.E.3d __ (Ind. Ct. App., Jan. 28, 2022).

January 31, 2022 Filed Under: Criminal Tagged With: Appeals, M. May

The State is not prohibited from using two offenses to support separate enhancements under different recidivist offender statutes when the two offenses were not part of the same res gestae.

Ind. Repertory Theatre, No. 21A-PL-628, __ N.E.3d __ (Ind. Ct. App., Jan. 4, 2022).

January 10, 2022 Filed Under: Civil Tagged With: Appeals, M. May

Insurance policy language “direct physical loss or direct physical damage” did not encompass theatre’s claim for loss of use of its facilities during the COVID-19 pandemic

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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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