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Case Clips

Published by the Indiana Office of Court Services

Supreme

Moore V. State, No. 49S04-1101-CR-24, __ N.E.2d __ (Ind. June 28, 2011)

July 1, 2011 Filed Under: Criminal Tagged With: B. Dickson, Supreme

Defendant, a passenger in a car “in a state of intoxication caused by the person’s use of alcohol or a controlled substance,” was properly convicted of public intoxication, because a vehicle stopped along a highway is “public place or a place of public resort.”

Garcia-Torres V. State, No. 64S03-0912-CR-550, __ N.E.2d __ (Ind. June 30, 2011)

July 1, 2011 Filed Under: Criminal Tagged With: R. Shepard, Supreme

Defendant’s consent to the swab of his cheek for DNA was voluntary, so the swab did not violate the Fourth Amendment; further, a Pirtle advisement was not warranted before the swab was taken.

Ind. Patient’s Comp. Fund V. Brown, No. 49S02-1106-CT-388, __ N.E.2d __ (Ind., June 29, 2011)

July 1, 2011 Filed Under: Civil Tagged With: B. Dickson, Supreme

Under the Indiana Adult Wrongful Death Statute (“AWDS”), Ind. Code § 34-23-1-2, judgment can include expenses of administration, contingent attorney fees, and loss of services.

Mccabe V. Comm’r Ind. Dept of Ins., No. 49S02-1010-CV-602, __ N.E.2d __ (Ind., June 29, 2011)

July 1, 2011 Filed Under: Civil Tagged With: B. Dickson, Supreme

Attorney fees can be recovered under the Indiana Adult Wrongful Death Statute (“AWDS”), Ind. Code § 34-23-1-2.

Hematology-Oncology of Ind., P.C. V. Fruits, No. 49S05-1106-CV-387, __ N.E.2d __ (Ind., June 29, 2011)

July 1, 2011 Filed Under: Civil Tagged With: B. Dickson, Supreme

Litigation expenses can be recovered under the Indiana Adult Wrongful Death Statute (“AWDS”), Ind. Code § 34-23-1-2.

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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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