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Case Clips

Published by the Indiana Office of Court Services

R. Altice

Wilson v. Wilson, No. 23A-DC-1384, __ N.E.3d __ (Ind. Ct. App., Oct. 31, 2023).

November 6, 2023 Filed Under: Civil Tagged With: Appeals, R. Altice

Father’s child support was not offset by adult disabled daughter’s monthly Social Security Disability Insurance benefit.

Turner v. State, No. 22A-CR-2404, __ N.E.3d __ (Ind. Ct. App., Aug. 8, 2023).

August 14, 2023 Filed Under: Criminal Tagged With: Appeals, R. Altice

An evidentiary harpoon occurs when the State deliberately places inadmissible evidence before the jury to prejudice the jurors against the defendant. Where an evidentiary harpoon has been introduced at trial, the reviewing court requires a high level of assurance that the irregularity did not affect the verdict before it will affirm the judgment. It is not enough that the verdict is supported by sufficient evidence; the reviewing court must be able to say with certainty that the improper testimony did not influence the verdict.

Rubendall v. Community Hospital of Anderson & Madison Cnty., No. 22A-CT-2223, __ N.E.3d __ (Ind. Ct. App., Feb. 1, 2023).

February 7, 2023 Filed Under: Civil Tagged With: Appeals, R. Altice

Damages for “loss of privacy,” resulting in “embarrassment, stress, and anxiety” must satisfy the requirements for emotional distress damages. Defendant broadcasting private health information via short-wave radio airwaves does not meet the publication element for public disclosure of private facts.

Edna Martin Christian Center, Inc. v. Smith, No. 22A-CT-1420, __ N.E.3d __ (Ind. Ct. App., Jan. 30, 2023).

January 30, 2023 Filed Under: Civil Tagged With: Appeals, R. Altice

A personal representative of an estate may not assert a claim for emotional distress damages for the benefit of the decedent’s minor dependent children and nondependent adult children in a wrongful death action.

Passarelli v. State, No. 22A-CR-1116, __ N.E.3d __ (Ind. Ct. App., Jan. 9, 2023).

January 9, 2023 Filed Under: Criminal Tagged With: Appeals, E. Brown, R. Altice

The objective component of self-defense, as adopted by our courts, is analyzed from the standpoint of an ordinary “reasonable person.” The question being presented to the fact-finder is whether an ordinary reasonable person would have responded with deadly force if confronted with the same circumstances that defendant confronted.

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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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