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Case Clips

Published by the Indiana Office of Court Services

Supreme

In re Eq.W., No. 18S-JC-603, __ N.E.3d __ (Ind., June 27, 2019).

July 1, 2019 Filed Under: Civil Tagged With: G. Slaughter, S. David, Supreme

The claim preclusion branch of res judicata applies to CHINS proceedings; if the State wishes to refile after a CHINS petition is dismissed, it must show that the new CHINS petition contains allegations of material fact that could not have been included in the dismissed action.

Horner v. Curry, No. 18S-PL-333, __ N.E.3d __ (Ind., June 27, 2019).

July 1, 2019 Filed Under: Civil Tagged With: G. Slaughter, L. Rush, M. Massa, Supreme

It is constitutional that the legislature has directed that funds collected under the Indiana’s Civil Forfeiture Statute reimburse law enforcement costs before the transfer of proceeds from seized property to the Common School Fund.

Brewer v. PACCAR, Inc., No. 18S-CT-451, __ N.E.3d __ (Ind., June 17, 2019).

June 24, 2019 Filed Under: Civil Tagged With: L. Rush, Supreme

Component-part manufacturers have no duty under the IPLA to install safety features when it is foreseeable that the final manufacturer will put the component to different uses depending on how it integrates the component into the final product.

Springfield v. State, No. 19S-CR-348, __ N.E.3d __ (Ind., June 10, 2019).

June 17, 2019 Filed Under: Criminal Tagged With: Per Curiam, Supreme

Two or more distinct offenses may be enhanced due to the use of the same weapon during the commission of each offense, but double jeopardy protections prevent enhancement due to the continuous possession of the weapon.

State v. Ruiz, No. 19S-CR-336, __ N.E.3d __ (Ind., June 3, 2019).

June 10, 2019 Filed Under: Criminal Tagged With: L. Rush, Supreme

Miranda warnings must be provided when police interrogate someone when their movement is curtailed and they are subjected to coercive pressures.

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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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