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Case Clips

Published by the Indiana Office of Court Services

Supreme

Holcomb v. Bray, No. 21S-PL-518, __ N.E.3d __ (Ind., June 3, 2022).

June 6, 2022 Filed Under: Civil Tagged With: L. Rush, Supreme

The Governor is not procedurally barred from seeking declaratory relief on the constitutionality of HEA-1123; the Court holds HEA-1123 is unconstitutional.

Fix v. State, No. 22S-CR-7, __ N.E.3d __ (Ind., May 16, 2022).

May 23, 2022 Filed Under: Criminal Tagged With: C. Goff, Supreme

Burglary is an ongoing crime that encompasses a defendant’s conduct inside the premises, terminating only when the unlawful invasion ends.

Strack v. State, No. 22S-CR-137, __ N.E.3d __ (Ind., May 2, 2022).

May 9, 2022 Filed Under: Criminal Tagged With: Per Curiam, Supreme

At sentencing, a criminal defendant who enters an open guilty plea has a right to allocution distinct from the right to present evidence on his or her behalf.

Ramirez v. State, No. 21S-CR-373, __ N.E.3d __ (Ind., April 27, 2022).

May 2, 2022 Filed Under: Criminal Tagged With: L. Rush, Supreme

The Indiana Trial Rules do not require the requesting party to state a specific need for copies. Instead, the requesting party need only describe the item “with reasonable particularity” and “specify a reasonable time, place, and manner” for copying the item. To the extent a local rule conflicts with said mandate, the local rule is void. Moreover, when a defendant moves for a continuance not required by statute, the trial court must evaluate and compare the parties’ diverse interests that would be impacted by altering the schedule.

Community Health Network, Inc. v. McKenzie, No. 20S-CT-648, __ N.E.3d __ (Ind., April 13, 2022).

April 25, 2022 Filed Under: Civil Tagged With: L. Rush, Supreme

The public disclosure of private facts is a viable tort claim.

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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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