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Case Clips

Published by the Indiana Office of Court Services

R. Shepard

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.

Duran v. State, No. 45S03-0910-CR-430, __ N.E.2d __ (Ind., June 30, 2010)

July 2, 2010 Filed Under: Criminal Tagged With: R. Shepard, Supreme, T. Boehm

An arrest warrant confers limited authority to enter a dwelling in which the suspect lives when there is reason to believe the suspect is within; when police knew only the building in which the suspect lived, an anonymous bystander’s direction to a specific apartment was not sufficiently reliable to confer the required “reason to believe” for a forced entry.

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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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