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Case Clips

Published by the Indiana Office of Court Services

M. May

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

Lloyd v. Kuznar, No. 21A-CT-1338, __ N.E.3d __ (Ind. Ct. App., Dec. 28, 2021).

January 3, 2022 Filed Under: Civil Tagged With: Appeals, M. May

Trial court properly dismissed plaintiff’s claims because she failed to apprise the court of her new address, but the court should have set aside the default judgment on defendant’s counterclaim when the method of service on plaintiff was “nothing more than a mere gesture” because the defendant knew that the address for plaintiff was incorrect.

Beachey v. State, No. 20A-CR-2121, __ N.E.3d __ (Ind. Ct. App., Sept. 28, 2021).

October 4, 2021 Filed Under: Criminal Tagged With: Appeals, M. May

The Indiana Supreme Court explicitly established that, beginning on January 1, 2020, “the court should utilize the results of an evidence-based risk assessment approved by the Indiana Office of Court Services, and such other information as the court finds relevant.” Crim. R. 26(B). This requirement cannot be circumvented by simply choosing not to order the preparation of an evidence-based risk assessment.

Health & Hospital Corp. of Marion Cnty. v. Dial, No. 20A-CT-2382, __ N.E.3d __ (Ind. Ct. App., July 30, 2021).

August 2, 2021 Filed Under: Civil Tagged With: Appeals, M. May

A proposed complaint before the IDOI is not void ab initio because it was filed in the name of a deceased individual as administrator of the estate of a deceased alleged victim of malpractice.

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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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