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Case Clips

Published by the Indiana Office of Court Services

Supreme

Erkins v. State, No. 58S01-1309-CR-586, __ N.E.3d __ (Ind., July 22, 2014).

July 24, 2014 Filed Under: Criminal Tagged With: R. Rucker, S. David, Supreme

When charge was conspiracy to commit robbery resulting in serious bodily injury, the State was not required to prove there was actual serious bodily injury; amendment changing the allegation of the particular conspirator who committed the overt act required for conspiracy was of form only and was properly allowed in this case.

Fischer v. Heymann, No. 49S02-1309-PL-620, __ N.E.3d __ (Ind., July 17, 2014).

July 24, 2014 Filed Under: Civil Tagged With: L. Rush, Supreme

Responding to the plaintiff’s demand was not the defendant’s only option to mitigate damages, but the trial court was within its discretion to reduce damages.

Camoplast Crocker, LLC v. Magic Circle Corp., No. 29S02-1407-CT-476, __ N.E.3d __ (Ind., July 21, 2014).

July 24, 2014 Filed Under: Civil Tagged With: Per Curiam, Supreme

Plaintiff’s amendment of the complaint was proper when it was filed before the two-year limitation period expired, even though the court granted the motion to amend after the limitation period expired.

In re K.W., No. 49S02-1407-JT-458., __ N.E.3d __ (Ind., July 10, 2014).

July 17, 2014 Filed Under: Civil Tagged With: S. David, Supreme

The trial court abused it discretion by proceeding with a hearing and terminating parental rights in the parent’s absence when the parent was in jail.

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.”

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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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