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Case Clips

Published by the Indiana Office of Court Services

Supreme

Berry v. State, No. 49S04-1406-CR-416, __ N.E.3d __ (Ind., June 27, 2014).

July 3, 2014 Filed Under: Criminal Tagged With: L. Rush, Supreme

“[W]hen a trial court accepts a plea agreement with an executed time cap, its discretion to impose further punitive conditions of probation does not extend beyond what the plea agreement specifies.”

Tin Thang v. State, No. 49S04-1402-CR-72, __ N.E.3d __ (Ind., June 27, 2014).

July 3, 2014 Filed Under: Criminal Tagged With: B. Dickson, S. David, Supreme

Distinguishing caselaw holding that, for the OWI offense, endangerment cannot be inferred from intoxication alone, affirms public intoxication conviction on basis defendant’s presence while intoxicated with a car at a gas station supported an inference he operated the vehicle while intoxicated and thus committed the public intoxication element of endangering himself or others.

Gaddie v. State, No. 49S02-1312-CR-789, __ N.E.3d __ (Ind., June 27, 2014).

July 3, 2014 Filed Under: Criminal Tagged With: B. Dickson, Supreme

“To avoid conflict with the Fourth Amendment . . . the statute defining the offense of Resisting Law Enforcement by fleeing after being ordered to stop must be construed to require that a law enforcement officer’s order to stop be based on reasonable suspicion or probable cause.”

South Shore Baseball, LLC v. DeJesus, No. 45S03-1308-CT-531, __ N.E.3d __ (Ind., June 27, 2014).

July 3, 2014 Filed Under: Civil Tagged With: M. Massa, Supreme

Stadiums and franchises have no special limited duty beyond the principles of premises liability.

Andrews v. Mor/Ryde International, Inc., No. 20S04-1406-PL-399, __ N.E.3d __ (Ind., June 19, 2014).

June 26, 2014 Filed Under: Civil Tagged With: L. Rush, Supreme

Treble damages under the Sales Representative Act are not subject to the Punitive Damages Act.

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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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