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Case Clips

Published by the Indiana Office of Court Services

P. Mathias

Arlton v. Schraut, No. 79A02-0906-CV-541, __ N.E.2d __ (Ind. Ct. App., Nov. 9, 2010)

November 12, 2010 Filed Under: Civil Tagged With: Appeals, P. Mathias

Deliberating jury should have been provided with a computer or some other method to view CD exhibits containing high-resolution digital images of plaintiff’s pre-surgery retina; failure of court to provide a viewing method or to give tendered instruction that jury could ask to view the CD images in open court was reversible error.

Hizer v. Holt, No. 71A03-1002-PL-127, __ N.E.2d __ (Ind. Ct. App., Oct. 27, 2010)

October 29, 2010 Filed Under: Civil Tagged With: Appeals, P. Mathias

Home seller may be held liable for fraudulent misrepresentations made on the IC 32-21-5-7 Sales Disclosure Form if the buyer can prove the seller’s actual knowledge of the defect at the time the form is completed.

Neukam v. State, No. 16A01-1002-CR-50, __ N.E.2d __ (Ind. Ct. App., Sept. 30, 2010)

October 7, 2010 Filed Under: Criminal Tagged With: Appeals, P. Mathias

Single photo show-up to witness who had already named and identified suspect was not unduly suggestive.

State v. Renzulli, No. 32A04-1003-CR-194, __ N.E.2d __ (Ind. Ct. App., Oct. 4, 2010)

October 7, 2010 Filed Under: Criminal Tagged With: Appeals, C. Bradford, P. Mathias, P. Riley

One of three separate opinions in plurality decision would hold State had to corroborate citizen tip with testimony that officers saw no other vehicles besides defendant’s which matched the tipster’s description.

Lewis v. State, No. 49A02-0908-CR-736, __ N.E.2d __ (Ind. Ct. App., July 27, 2010)

July 30, 2010 Filed Under: Criminal Tagged With: Appeals, J. Kirsch, P. Mathias, P. Riley

Plurality opinion holds that officer’s incursions into auto passenger compartment, after driver had been arrested outside the vehicle, violated 4th Amendment and Indiana Constitution Art. I Sec. 11.

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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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