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Case Clips

Published by the Indiana Office of Court Services

M. Robb

City of Hammond v. Herman & Kittle Properties, Inc., No. 49A04-1612-PL-2784, __ N.E.3d __(Ind. Ct. App., Feb. 20, 2018).

February 26, 2018 Filed Under: Civil Tagged With: Appeals, M. Robb

Ind. Code §36-1-20-5, limiting rental property registration fees to $5, is stricken because it is special legislation.

Doe v. Boone Cnty. Prosecutor, No. 06A01-1612-PL-2741, __ N.E.3d __ (Ind. Ct. App., Oct. 24, 2017).

October 30, 2017 Filed Under: Civil Tagged With: Appeals, M. Robb

Churches are not “school property” at any time within the meaning of Ind. Code 35-31.5-2-285(1)(D); serious sex offenders are not prohibited from entering church property if that church offers Sunday school or child care services for children in the relevant age group.

Currie v. State, No. 01A02-1609-PC-2077, __ N.E.3d __ (Ind. Ct. App., Aug. 9, 2017).

August 14, 2017 Filed Under: Criminal Tagged With: Appeals, M. Robb

A post-conviction petition is not a successive petition until a first petition has been litigated to conclusion.

Nickels v. State, No. 09A02-1703-CR-534, __ N.E.3d __ (Ind. Ct. App., Aug. 3, 2017).

August 7, 2017 Filed Under: Criminal Tagged With: Appeals, M. Robb

Trial court must allow defendant the opportunity to make a closing argument before announcing a preliminary finding of guilt.

Tucker v. Tom Raper, Inc., No. 89A01-1702-CC-463, __ N.E.3d __ (Ind. Ct. App., Aug. 3, 2017).

August 7, 2017 Filed Under: Civil Tagged With: Appeals, M. Robb

The trial court erred in dismissing alleged third-party beneficiaries’ complaint for failing to comply with T.R. 9.2(A) and attaching a written contract to their complaint; third-party beneficiary status is not solely dependent upon a written contract.

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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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