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Case Clips

Published by the Indiana Office of Court Services

Supreme

Ward v. State, No. 49S02-1602-CR-96, ___ N.E.3d ___ (Ind., Feb. 19, 2016).

February 22, 2016 Filed Under: Criminal Tagged With: L. Rush, R. Rucker, Supreme

Domestic battery victim’s statements to forensic nurse identifying her attacker were not barred as testimonial hearsay because they were given for “primary purpose” of medical treatment, which includes “safety plan” for discharge.

Bonnell v. Cotner, No. 66503-1509-PL-530, __ N.E.3d __ (Ind., Feb. 16, 2016).

February 22, 2016 Filed Under: Civil Tagged With: M. Massa, Supreme

Sale of the strip of land by tax deed extinguished any and all interest the party previously possessed by adverse possession.

In re V.A., No. 02S04-1602-JT-93, __ N.E.3d __ (Ind., Feb. 18, 2016).

February 22, 2016 Filed Under: Civil Tagged With: R. Rucker, Supreme

“Father’s unwillingness to live separately from a mentally ill spouse, without more, is an insufficient basis to terminate his parental rights.”

Shane Keller v. State, No. 88S04-1506-CR-354, ___ N.E.3d ___, (Ind. Jan. 25, 2016).

February 2, 2016 Filed Under: Criminal Tagged With: B. Dickson, M. Massa, Supreme

Jury instruction defining “dwelling” element of B-felony burglary was misleading and invaded the province of the jury. Burglary convictions therefore had to be reduced to Class C felonies.

In re: Indiana State Fair Litigation, No. 49S02-1601-CT-51, ___ N.E.3d ___, (Ind. Jan. 28, 2016).

February 2, 2016 Filed Under: Civil Tagged With: L. Rush, Supreme

Indemnity language on back of vendor’s invoice could not be applied retroactively to liabilities predating the invoice; retroactive effect was not “clearly and unequivocally” expressed in invoice language, and could not be inferred from parties’ course of dealing.

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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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