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Case Clips

Published by the Indiana Office of Court Services

Supreme

Jennings v. State, No. 53S01-1209-CR-526, __N.E.2d __ (Ind., Feb. 20, 2013).

February 22, 2013 Filed Under: Criminal Tagged With: M. Massa, Supreme

“[T]he combined term of imprisonment and probation for a misdemeanor may not exceed one year,” so “[w]e therefore remand this case to the trial court for imposition of a probationary period consistent with this opinion, not to exceed 335 days—the difference between one year (365 days) and the 30 days Jennings was ordered to serve in prison.”

Horner v. Carter, No. 34S02-1210-DR-582,___ N.E.2d ___ (Ind., Feb. 12, 2013).

February 14, 2013 Filed Under: Civil Tagged With: B. Dickson, Supreme

Statements made to the mediator during mediation fall within the express inadmissibility of mediation evidence.

Iltzsch v. State, No. 49S02-49S02-1301-CR-57, __ N.E.2d __ (Ind., Jan. 24, 2013).

February 1, 2013 Filed Under: Criminal Tagged With: B. Dickson, Per Curiam, Supreme

Remands for a new restitution hearing to allow presentation of additional evidence on losses compensable through restitution, when evidence presented at initial hearing was held insufficient by the Court of Appeals.

Plank v. Community Hospitals of Ind., Inc., No. 49S04-1203-CT-135,___ N.E.2d ___ (Ind., Jan. 15, 2013).

January 17, 2013 Filed Under: Civil Tagged With: R. Rucker, Supreme

Plaintiff forfeited his opportunity to conduct an evidentiary hearing challenging the constitutionality of the Medical Malpractice Act when he asked for the hearing 6 years into the case, post-verdict.

Gonzalez v. State, No. 45S03-1206-CR-307, __ N.E.2d __ (Ind., Jan. 10, 2013).

January 10, 2013 Filed Under: Criminal Tagged With: B. Dickson, Supreme

Retroactive imposition of a lifetime sex offender registration requirement, when the offender has no remedy for relief from registration on the bases of rehabilitation and no risk to the public, violates the Indiana Constitution Ex Post Facto Clause.

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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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