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Case Clips

Published by the Indiana Office of Court Services

Supreme

Stephenson v. State, No. 15S00-1401-LW-40, __ N.E.3d __ (Ind., Apr. 23, 2015).

May 1, 2015 Filed Under: Criminal Tagged With: B. Dickson, Supreme

“We decline to find that the mere existence of an attempted suicide, without more, is relevant evidence of a person’s guilty conscience about committing a charged crime,” but in this case Defendant’s suicide attempt approximately a month after the alleged murder was properly admitted as relevant to his motive for committing the crime.

DePuy Orthopaedics, Inc. v. Brown, No. 49S02-1504-CT-225, __N.E.3d __ (Ind., April 24, 2015).

May 1, 2015 Filed Under: Civil Tagged With: M. Massa, Supreme

The trial court reasonably concluded that Indiana was the appropriate forum for litigation brought by out-of-state plaintiffs against an in-state manufacturer.

Bogner v. Bogner, No. 45S04-1501-DR-23, __N.E.3d __ (Ind., April 28, 2015).

May 1, 2015 Filed Under: Civil Tagged With: S. David, Supreme

The best practices for conducting a summary proceeding, “would include establishing on the record: 1) affirmative agreement from the attorneys that proceedings will be conducted summarily, for those represented by counsel; 2) affirmative agreement by both clients or unrepresented litigants to summary proceedings; 3) opportunity for both parties to add any other relevant information regarding the issues in dispute before the summary proceeding is concluded or to affirm the arguments made by counsel; and 4) an advisement in advance of the hearing that either party is free to object to the form of the proceeding and request a full evidentiary hearing, upon which formal rules of evidence and procedure will be observed.”

Wellpoint, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA, No. 49S05-1404-PL-244, __N.E.3d __ (Ind., April 22, 2015).

April 23, 2015 Filed Under: Civil Tagged With: B. Dickson, Supreme

Plaintiff is entitled to insurance coverage, including coverage for defense costs, except for its settlement losses.

Myers v. State, No. 76S03-1407-CR-493, __ N.E.3d __ (Ind., Apr. 8, 2015).

April 9, 2015 Filed Under: Criminal Tagged With: R. Rucker, S. David, Supreme

Experts unanimously agreed defendant was legally insane, but other evidence in the record supported the jury’s conclusion that he was not; as it was not shown defendant was given Miranda rights, the State could use his post-arrest silence and request for an attorney as evidence of sanity without violating his due process rights.

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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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