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Case Clips

Published by the Indiana Office of Court Services

P. Mathias

McCabe v. Commissioner, Ind. Dep’t of Ins., 49A02-0908-CV-728, ___ N.E.2d ___ (Ind. Ct. App., July 20, 2010)

July 23, 2010 Filed Under: Civil Tagged With: Appeals, P. Mathias, P. Riley

Attorney fees and expenses incurred by the personal representative’s attorney are not recoverable damages under the Adult Wrongful Death Statute.

Barnes v. State, No. 82A05-0910-CR-592, __ N.E.2d __ (Ind. Ct. App., Apr. 15, 2010)

April 20, 2010 Filed Under: Criminal Tagged With: Appeals, P. Mathias

Evidence required court to have instructed on defendant’s right to reasonably resist officer’s unlawful entry into defendant’s home.

Killebrew v. State, No. 49A05-0905-CR-246, __ N.E.2d __ (Ind. Ct. App., Apr. 6, 2010)

April 9, 2010 Filed Under: Criminal Tagged With: Appeals, M. Barnes, P. Mathias

Defendant established prosecutor’s neutral explanations for peremptory strike were pretextual and hence violated Batson rule when white jurors were not struck after giving answers the same as struck African-American’s and trial judge made no finding on prosecutor’s assertion about struck juror’s “emphatic” demeanor.

A.K. v. Indiana Dep't of Child Services, St. Joseph County, No. 71A05-0905-JV-261, __ N.E.2D __ (Ind. Ct. App., Mar. 31, 2010)

April 1, 2010 Filed Under: Juvenile Tagged With: Appeals, P. Mathias

Findings of fact and conclusions of law are required for termination of parental rights decisions.

A.M.B. v. Indiana Department of Child Services, No. 45A03-0910-JV-476, __ N.E.2d __ (Ind. Ct. App., Mar. 12, 2010)

March 19, 2010 Filed Under: Civil Tagged With: Appeals, P. Mathias

When final involuntary termination hearing was virtually concluded by the time mother arrived, court denied due process when it finished without allowing mother to testify.

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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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