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Case Clips

Published by the Indiana Office of Court Services

Supreme

State ex rel. Crain Heating Air Cond. & Refrig., Inc. v. Clark Circuit Court, No. 10S00-0910-OR-500, ___ N.E.2d ___ (Ind., Feb. 17, 2010)

February 19, 2010 Filed Under: Civil Tagged With: Per Curiam, Supreme

If a ruling involves the granting, modifying, or dissolving of a temporary or preliminary injunction and has not been entered within ten days after the hearing thereon, there has been a delay in ruling and an interested party may immediately praecipe for withdrawal under the procedure provided in Trial Rule 53.1(E); it is not necessary for a party to await the thirty-day period described in Trial Rule 53.1(A) before filing a praecipe for withdrawal.

Bules v. Marshall County, No. 50S03-1001-CV-57, ___ N.E.2d ___ (Ind., Jan. 27, 2010)

January 29, 2010 Filed Under: Civil Tagged With: B. Dickson, Supreme, T. Boehm

The Indiana Tort Claims Act’s immunity for losses caused by temporary weather conditions during the period of reasonable response to a weather condition lasts at least until the weather condition has stabilized.

Johnson v. Johnson, No. 46S04-0907-CV-00346, ___ N.E.2d ___ (Ind., Jan. 28, 2010)

January 29, 2010 Filed Under: Civil Tagged With: R. Shepard, Supreme

Dissolution agreement for husband to pay wife for her interest in the family farm, although silent on the subject, must have contemplated the regular annual renewal of the farm’s debt to finance its operations, but not the higher level of debt necessary to finance husband’s obligations to wife; trial court erred in modifying wife’s lien to allow husband to finance his divorce obligations.

State v. Haldeman, No. 55S00-0906-CR-266, __ N.E.2d __ (Ind., Jan. 15, 2010)

January 22, 2010 Filed Under: Criminal Tagged With: B. Dickson, Supreme

Even though statute requiring preliminary appellate review of wiretap warrant has been repealed, Criminal Rule 25’s requirement of preliminary appellate review of wiretap warrants must be complied with.

Hevner v. State, No. 27S02-1001-CR-5, __ N.E.2d __ (Ind., Jan. 6, 2010)

January 11, 2010 Filed Under: Criminal Tagged With: R. Rucker, Supreme

Indiana Constitution’s ex post facto clause precludes application of a sex offender registration requirement enacted after the offense was committed.

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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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