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Case Clips

Published by the Indiana Office of Court Services

P. Mathias

Douglas v. State, No. 40A01-1009-DR-466, ___ N.E.2d ___ (Ind. Ct. App., Oct. 12, 2011).

October 13, 2011 Filed Under: Civil Tagged With: Appeals, P. Mathias

Incarceration for nonsupport of a dependent child can amount to a change in circumstances so substantial and continuing as to make the terms of an existing child support order unreasonable.

Cundiff v. State, No. 31A05-1008-CR-607, __ N.E.2D __ (Ind. Ct. App., June 23, 2011)

June 24, 2011 Filed Under: Criminal Tagged With: Appeals, P. Mathias

Defendant incarcerated on other charges but released on recognizance on the charges at issue was not eligible for the Criminal Rule 4(B) speedy trial remedy.

Gaby v. State, No. 79A02-1006-CR-804, __ N.E.2d __ (Ind. Ct. App., June 7, 2011)

June 10, 2011 Filed Under: Criminal Tagged With: Appeals, P. Mathias

After alleged victim testified she remembered that defendant’s vaginal molestation did not include touching her in other ways, it was error to allow her pretrial statement to the contrary into evidence to “refresh” her recollection.

Green v. State, No. 49A05-1006-CR-382, __ N.E.2d __ (Ind. Ct. App., Mar. 23, 2011)

March 25, 2011 Filed Under: Criminal Tagged With: Appeals, P. Mathias

Defendant committed forgery when he used another person’s credit card at an electronic point of sale terminal and electronically signed the other person’s name on a credit card receipt.

Goens v. State, No. 41A01-1006-CR-277, __ N.E.2d __ (Ind. Ct. App., Feb. 14, 2011)

February 18, 2011 Filed Under: Criminal Tagged With: Appeals, P. Mathias

Statute requires only one operating stoplight on a vehicle, so motorist whose vehicle had one operating stoplight and one burned out was not in violation of the traffic law, and officer’s good faith belief that an unoperational stoplight was an infraction did not justify stopping the motorist, so that motion to suppress should have been granted.

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