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Case Clips

Published by the Indiana Office of Court Services

R. Shepard

R.L. Turner Corp. v. Town of Brownsburg, No. 32S01-1109-PL-57, ___ N.E.2d ___ (Ind., March 9, 2012).

March 15, 2012 Filed Under: Civil Tagged With: R. Shepard, Supreme

The trial court had jurisdiction to grant a petition for attorneys’ fees after dismissal of the case.

Adams v. State, No. 29S02-1109-CR-542, __ N.E.2d __ (Ind., Feb. 2, 2012).

February 3, 2012 Filed Under: Criminal Tagged With: R. Shepard, Supreme

To impose the IC 35-48-4-15(a) mandatory license suspension for using a vehicle in the commission of a drug offense, the “State must demonstrate that a defendant made more than an incidental use of a motor vehicle in committing his offense”; evidence defendant “possessed a jar of marijuana by keeping the jar on the floorboard in front of him while he sat in the passenger seat” supported suspension; it was “not a situation in which a defendant merely happened to possess a small bag of marijuana in his pocket without making any direct use of the vehicle to do so.”

Ind. Dept. of Ins. v. Everhart, No. 84S01-1105-CV-28, ___ N.E.2d ___ (Ind., Jan. 20, 2012).

January 26, 2012 Filed Under: Civil Tagged With: R. Shepard, Supreme

The Indiana Patient’s Compensation Fund was not entitled to a reduction in the award of damages to account for the chance that the plaintiff would have died even in the absence of the physician’s negligence, because of how the trial court’s particular findings of fact interact with the rules for calculating a set-off.

Whitaker v. Becker, No. 02S03-1201-CT-2, ___ N.E.2d ___ (Ind., Jan. 18, 2012).

January 19, 2012 Filed Under: Civil Tagged With: R. Shepard, Supreme

Dismissal was the appropriate remedy when plaintiff’s lawyer repeatedly ignored requests for discovery, and then when ordered to respond supplied false and misleading information making a full defense impossible.

Hopper v. State, No. 13S01-1007-PC-399, __ N.E.2d __ (Ind., Nov. 29, 2011).

December 2, 2011 Filed Under: Criminal Tagged With: R. Rucker, R. Shepard, Supreme

On rehearing, decides not to adopt original opinion’s supervisory waiver-of-counsel rule requiring advice of an attorney’s ability to negotiate with the State.

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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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