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Case Clips

Published by the Indiana Office of Court Services

Supreme

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.

Citizens State Bank of New Castle V. Countrywide Home Loans, Inc., No. 76S03-1009-CV-515, __ N.E.2d __ (Ind., June 29, 2011)

July 1, 2011 Filed Under: Civil Tagged With: R. Rucker, Supreme

Strict foreclosure is a mechanism to place before the court the question of whether the doctrine of merger should be enforced, but “’[w]hether the conveyance of the fee to the mortgagee results in a merger of the mortgage and the fee depends primarily upon the intention of the parties, particularly that of the mortgagee.’”

Baker v. State, No. 17S04-1009-CR-500, __ N.E.2d __ (Ind., June 23, 2011)

June 24, 2011 Filed Under: Criminal Tagged With: R. Rucker, Supreme

When, as in this child molesting case, “evidence is presented of a greater number of separate criminal offenses than the defendant is charged with,” “the State may in its discretion designate a specific act (or acts) on which it relies to prove a particular charge,” but “if the State decides not to so designate, then the jurors should be instructed that in order to convict the defendant they must either unanimously agree that the defendant committed the same act or acts or that the defendant committed all of the acts described by the victim and included within the time period charged.”

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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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