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Case Clips

Published by the Indiana Office of Court Services

Supreme

State v. Tharp, No. 49S02-1005-CR-256, __ N.E.2d __ (Ind., Feb. 16, 2011)

February 18, 2011 Filed Under: Criminal Tagged With: R. Shepard, Supreme

Actual notice of a protective order sufficient for a conviction of invasion of privacy need not come from an agent of the state, but in this case conviction is reversed because the only evidence defendant knew of the protective order was testimony the protected person told him about it and at the same time said the order was no longer valid.

Romo v. State, No. 49S04-1009-CR-499, __ N.E.2d __ (Ind., Feb. 9, 2011)

February 11, 2011 Filed Under: Criminal Tagged With: B. Dickson, Supreme

“[W]ritten English translations of foreign language recordings may be admitted as substantive evidence and . . . the recordings themselves generally should be admitted and played as well.”

Green v. Ford Motor Co., No. 94S00-1007-CQ-348, ___ N.E.2d ___ (Ind., Feb. 8, 2011)

February 11, 2011 Filed Under: Civil Tagged With: B. Dickson, Supreme

In a crashworthiness case alleging enhanced injuries under the Indiana Products Liability Act, the finder of fact shall apportion fault to the person suffering physical harm when that alleged fault is a responsible cause of the harm for which damages are being sought.

Galloway v. State, No. 33S01-1004-CR-163, __ N.E.2d __ (Ind., Dec. 22, 2010)

December 28, 2010 Filed Under: Criminal Tagged With: F. Sullivan, R. Shepard, Supreme

Reverses bench trial rejection of insanity defense because, despite “nonconflicting expert and lay opinion that defendant . . .was insane, the trial court rejected the insanity defense after concluding that the defendant could continue to be a danger to society because of an inadequate State mental health system.”

Nicoson v. State, No. 32S04–1003–CR–150, __ N.E.2d __ (Ind., Dec. 15, 2010)

December 17, 2010 Filed Under: Criminal Tagged With: R. Rucker, R. Shepard, Supreme

Five year enhancement for use of a deadly weapon added to sentence for criminal confinement while armed with a deadly weapon was permitted by statute and by double jeopardy protection.

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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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