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Case Clips

Published by the Indiana Office of Court Services

Supreme

In re N.E., No. 49S02-0906-JV-270, ___ N.E.2d ___ (Ind. Jan. 6, 2010)

January 11, 2010 Filed Under: Civil Tagged With: F. Sullivan, Supreme

Juvenile court is not required to determine whether a child is a CHINS as to each parent, only whether the statutory CHINS elements have been established.

Clay City Consol. Sch. Corp. v. Timberman, No. 11S04-0904-CV-134, ___ N.E.2d ___ (Ind., Nov. 30, 2009)

December 4, 2009 Filed Under: Civil Tagged With: F. Sullivan, Supreme

Indiana law recognizes a rebuttable presumption that children between the ages of seven and 14 are incapable of contributory negligence.

Termination of Parent-Child Rel. of M.B., No. 34S02-0904-JV-147, ___ N.E.2d ___ (Ind., Nov. 30, 2009)

December 4, 2009 Filed Under: Civil Tagged With: F. Sullivan, Supreme, T. Boehm

Conditioning the voluntary termination of parental rights on continuing post-adoption visitation irreconcilably conflicts with Indiana adoption law and is not permitted.

Baker v. Tremco, Inc., No. 29S02-0902-CV-00065, ___ N.E.2d ___ (Ind., Dec. 3, 2009)

December 4, 2009 Filed Under: Civil Tagged With: R. Shepard, Supreme

A constructive discharge claim may rest on involuntary resignation, but only where the cause fits within the grounds recognized by Indiana decisions on retaliatory discharge.

State ex rel. Kirtz v. Delaware Circuit Court No. 5, No. 18S00-0909-OR-411, __ N.E.2d __ (Ind., Nov. 13, 2009)

November 20, 2009 Filed Under: Criminal Tagged With: Per Curiam, Supreme

When defendant had testified against special prosecutor’s brother-in-law in an unrelated recent case, the special prosecutor’s appointment was dissolved by a Supreme Court writ of mandate and prohibition based on the appearance of impropriety.

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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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