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Case Clips

Published by the Indiana Office of Court Services

M. Robb

Gardenour v. Bondelie, No. 32A01-1601-DR-82, __ N.E.3d __ (Ind. Ct. App., Aug. 15, 2016).

August 15, 2016 Filed Under: Civil Tagged With: Appeals, M. Robb

Same-sex couple’s California registered domestic partnership established a relationship virtually identical to marriage, and under the principle of comity, their relationship is a spousal relationship. Child born by artificial insemination was a child of the spousal relationship; trial court did not err in awarding joint legal custody and parenting time and ordering partner to pay child support.

Harris v. State, No. 83A01-1509-CR-1311, __N.E.3D__ (Ind. Ct. App., July 27, 2016).

August 1, 2016 Filed Under: Criminal Tagged With: Appeals, E. Najam, M. Robb

Defendant’s name appearing on NPLEx did not provide an independent basis of reasonable suspicion that would justify further investigation after a seat belt enforcement stop.

Green v. Robertson, No. 49A02-1509-MI-1487__ N.E.3d __ (Ind. Ct. App., July 5, 2016).

July 11, 2016 Filed Under: Civil Tagged With: Appeals, M. Robb

“Where recovery is limited to damages for increased risk of harm because the patient stood less than a 50% chance of recovery prior to encountering the physician’s negligence, the trial court may consider evidence of the patient’s underlying risk in order to determine the appropriate amount of damages.”

In re F.S., No. 13A01-1505-JM-363, __ N.E.3d __ (Ind. Ct. App., May 12, 2016).

May 16, 2016 Filed Under: Juvenile Tagged With: Appeals, M. Robb

DCS is not required to conduct an interview with a child as part of its assessment, but the trial court may issue such an order if the parent does not consent and DCS shows good cause on the record supporting its request for an interview.

Meunier-Short v. State, No. 32A01-1507-CR-96, ___ N.E.3d ___ (Ind. Ct. App., April 14, 2016).

April 18, 2016 Filed Under: Criminal Tagged With: Appeals, M. Robb

Trial court was not required to conduct indigency hearing before assessing fines, costs, and fees as condition of probation, but it must do so at some point before completion of probation or before revoking probation for failure to pay.
Trial court lacked authority to impose substance-abuse or drug-countermeasures fees.
Trial court abused its discretion in ordering defendant to return to school and maintain “C” average while being employed full-time; statute permits either maintaining full-time employment or “faithfully pursu[ing]” a course of study to equip him for employment.

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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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