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Case Clips

Published by the Indiana Office of Court Services

N. Vaidik

Paquette v. State, No. 63A04-1612-CR-2891, __ N.E.3d __ (Ind. Ct. App., June 21, 2017).

June 26, 2017 Filed Under: Criminal Tagged With: Appeals, N. Vaidik

Defendant may only be sentenced and convicted of a single count of resisting law enforcement even when the act of resistance caused multiple deaths.

Totton v. Bukofchan No. 24A01-1612-CT-2849, __ N.E.3d __ (Ind. Ct. App., June 14, 2017).

June 19, 2017 Filed Under: Civil Tagged With: Appeals, N. Vaidik

If a non-physician healthcare provider, such as a chiropractor, is not qualified under Evidence Rule 702 to render an opinion as to medical causation because the causation issue is complex, then chiropractors sitting on medical review panels are likewise not qualified to render opinions as to medical causation when the causation issue is complex.

Jones v. State, No. 49A02-1611-CR-2513, __ N.E.3d __ (Ind. Ct. App., June 12, 2017).

June 12, 2017 Filed Under: Criminal Tagged With: Appeals, M. Bailey, N. Vaidik

When defendant is convicted after a trial to the court, the right to waive allocution is personal to the defendant and may not be waived by counsel.

Jenner v. Bloomington Cellular Services, Inc., No. 53A05-1606-MI-1415, __ N.E.3d __ (Ind. Ct. App., June 12, 2017).

June 12, 2017 Filed Under: Civil Tagged With: Appeals, M. Bailey, M. Robb, N. Vaidik

Tax sale purchasers must provide notice to any person with a substantial, publicly recorded interest even if their interest lies outside the chain of title. “Requiring a tax-sale purchaser to search outside the chain of title—even if it means searching thousands of records in the county recorder’s office—is one of the safeguards created by the statute.”

McAlpin v. State, No. 39A01-1606-CR-1417, __ N.E.3d __ (Ind. Ct. App., March 22, 2017).

March 27, 2017 Filed Under: Criminal Tagged With: Appeals, C. Bradford, N. Vaidik

When defendant is charged with committing the offense in a drug-free zone, the state must prove beyond a reasonable doubt that children were reasonably expected to be present when the offense occurred.

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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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