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Case Clips

Published by the Indiana Office of Court Services

Supreme

State ex. rel. Allen v. Carroll Cir. Ct., No. 23S‐OR‐311, __ N.E.3d __ (Ind., Feb. 8, 2024).

February 12, 2024 Filed Under: Civil Tagged With: D. Molter, G. Slaughter, Supreme

The trial court lacked the authority to remove counsel without considering other, less drastic options and weighing the prejudice to the defendant.

Morehouse v. Dux North, LLC, No. 23S-PL-71, __ N.E.3d __ (Ind., Feb. 8, 2024).

February 12, 2024 Filed Under: Civil Tagged With: G. Slaughter, Supreme

For an implied easement by prior use, the claimed servitude must predate the severance creating the separate parcels. For an implied easement of necessity, the claimed necessity need arise only at severance and not before.

Spells v. State, No. 23S-CR-232, __ N.E.3d __ (Ind., Jan. 30, 2024).

February 5, 2024 Filed Under: Criminal Tagged With: C. Goff, Supreme

The statutory cash bail agreement permits application of cash bail to the whole of a defendant’s public-defender costs. However, a court may retain cash bail to pay most other fines, costs, and fees only after considering the defendant’s ability to pay.

Land v. IU Credit Union, No. 23S-CP-115, __ N.E.3d __ (Ind., Feb. 1, 2024).

February 5, 2024 Filed Under: Civil Tagged With: C. Goff, Supreme

On rehearing, the Court recognizes the practical difficulties that businesses may face in securing affirmative consent to contract modifications from existing customers and notes that it leaves open the possibility of adopting, in the future, a different standard governing the offer and acceptance of unilateral contracts between businesses and consumers.

Korakis v. Memorial Hospital of South Bend, No. 23S-CT-109, __ N.E.3d __ (Ind., Jan. 25, 2024).

January 29, 2024 Filed Under: Civil Tagged With: M. Massa, Supreme

A medical expert does not need to expressly state the applicable standard of care in his affidavit, it can be inferred from substantively sufficient information.

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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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