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Case Clips

Published by the Indiana Office of Court Services

P. Mathias

Phipps v. State, No. 28A05-1609-CR-2097, __ N.E.3d __ (Ind. Ct. App., May 10, 2017).

May 15, 2017 Filed Under: Criminal Tagged With: Appeals, P. Mathias, R. Pyle

To convict a person of violating a protective order, State must prove that communication with a third party was intended to be communicated to the protected party.

Hanks v. State, No. 10A01-1604-PC-690, __ N.E.3d __ (Ind. Ct. App., March 15, 2017).

March 20, 2017 Filed Under: Criminal Tagged With: Appeals, P. Mathias

Even though defendant could not prove ineffective assistance of counsel after entering an open plea agreement and receiving a fifty-year sentence, the post-conviction court must hear evidence and determine if the plea was knowing, intelligent, and voluntary.

Jones v. State, No. 49A05-1606-CR-1433, __ N.E.3d __ (Ind. Ct. App., March 2, 2017).

March 7, 2017 Filed Under: Criminal Tagged With: Appeals, J. Baker, P. Mathias

At probation revocation hearing, trial court is not required to ask a defendant if he wants to make a statement, but must allow one to be made if requested.

Sams v. State, No. 67A01-1604-CR-814, __ N.E.3d __ (Ind. Ct. App., Feb. 21, 2017).

February 27, 2017 Filed Under: Criminal Tagged With: Appeals, P. Mathias

Where an item searched would not have been the target of a well-regulated inventory search, and would not have been searched at all but for the criminal suspicions of the searching officer, the search is pretextual and unreasonable and an item discovered is inadmissible.

Dermatology Assoc., P.C. v. White, No. 49A02-1512-PL-2189, __N.E.3d__ (Ind. Ct. App, Jan. 19, 2016).

January 23, 2017 Filed Under: Civil Tagged With: Appeals, M. Robb, P. Mathias

To trigger the 180-day statute of limitations extension for a medical malpractice action, the plaintiff must show that she has subsequently acquired knowledge of or received information about something she did not previously know with regard to her injury and $15,000 is insufficient to compensate her for that more serious injury.

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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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