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Case Clips

Published by the Indiana Office of Court Services

P. Mathias

Marley v. State, No. 15A01-1403-CR-127, __ N.E.3d __ (Ind. Ct. App., Sept. 11, 2014).

September 18, 2014 Filed Under: Criminal Tagged With: Appeals, P. Mathias

Based on legislative policy in savings clauses for new penal code, determines not to consider new code penalties in evaluating appropriateness of sentence under Appellate Rule 7(B).

Miller v. Federal Express, Corp., No. 49A02-1307-PL-619, __ N.E.3d __ (Ind. Ct. App., April 4, 2014)

April 3, 2014 Filed Under: Civil Tagged With: Appeals, P. Mathias

Defendants were immune from suit under the federal Communications Decency Act as “providers of an interactive computer service.”

Mesa v. State, No. 36A01-13080MI-362, __ N.E.3d __ (Ind. Ct. App., Mar. 25, 2014).

March 27, 2014 Filed Under: Criminal Tagged With: Appeals, P. Mathias, R. Pyle

Summary judgment procedure applies to forfeiture actions.

Hicks v. State, No. 82A01-1306-CR-256, __ N.E.2d __ (Ind. Ct. App., Mar. 11, 2014).

March 13, 2014 Filed Under: Criminal Tagged With: Appeals, P. Mathias

When “basic questions” asked by police in “pre-interview” did not result in a confession, there was no violation of Missouri v. Seibert’s rule that police cannot purposefully withhold Miranda warnings to get a confession and then secure a Miranda waiver, based on the first confession, before questioning to get a second confession.

Harper v. State, No. 49A04-1305-CR-222, __ N.E.2d __ (Ind. Ct. App., Feb. 26, 2014).

February 28, 2014 Filed Under: Criminal Tagged With: Appeals, P. Mathias

Officer who lies to gain entrance to a home, without exigent circumstances and after consensual entry was denied, is not acting within the course of official duties so as to justify the arrest of the home owner for resisting arrest.

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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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