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Case Clips

Published by the Indiana Office of Court Services

R. Shepard

Hopper v. State, No. 13S01-1007-PC-399, __ N.E.2d __ (Ind., Sept. 29, 2010)

October 7, 2010 Filed Under: Criminal Tagged With: R. Shepard, Supreme, T. Boehm

A defendant seeking to waive counsel and proceed pro se should not only be advised of the dangers of going to trial without a lawyer, as required by Faretta v. California, but should also “be informed that an attorney is usually more experienced in plea negotiations and better able to identify and evaluate any potential defenses and evidentiary or procedural problems in the prosecution’s case.”

Diaz v. State, No. 20S05–0911–PC–521. __ N.E.2d __ (Ind., Sept. 29, 2010)

October 7, 2010 Filed Under: Criminal Tagged With: R. Shepard, Supreme

Post-conviction Spanish translation expert’s chart of translation errors at guilty plea hearing was a demonstrative exhibit erroneously excluded as hearsay. As post-conviction proceeding evidence did not reveal whether guilty plea and sentencing hearings’ Spanish translation was accurate, post-conviction court is directed to commission its own translation of the hearings and rehear evidence.

Bingley v. Bingley, No. 02S03-1002-CV-122, __ N.E.2d __ (Ind., Sept. 30, 2010)

October 7, 2010 Filed Under: Civil Tagged With: B. Dickson, R. Shepard, Supreme

“[E]mployer-provided health insurance benefits do constitute an asset [subject to division in a dissolution] once they have vested in a party to the marriage.”

Sheehan Construction Co., Inc. v. Continental Casualty Co., No. 49S02-1001-CV-32, __ N.E.2d __ (Ind., Sept. 30, 2010)

October 7, 2010 Filed Under: Civil Tagged With: F. Sullivan, R. Rucker, R. Shepard, Supreme

“[A] standard commercial general liability (“CGL”) insurance policy covers an insured contractor for the faulty workmanship of its subcontractor.”

Everling v. State, No. 48S05-0911-CR-506, __ N.E.2d __ (Ind., July 8, 2010)

July 9, 2010 Filed Under: Criminal Tagged With: R. Shepard, Supreme

Judge’s overall conduct during trial demonstrated reversible bias.

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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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