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Conditions of Probation and Parole
Conditions of Probation and Parole
​Gaither v. Indiana Department of Correction (Ind. Ct. App. July 17, 2012). In this case, the Court of Appeals held that although a statute prohibiting sex offenders from living within 1,000 feet of a school could not apply to sex offenders convicted before the statute was enacted, a trial court’s condition of probation prohibiting a sex offender from living within 1,000 feet of a school was valid.
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Cross Examination of Expert Witness
Cross Examination of Expert Witness
​Swammi, Inc. v. Shambaugh, Beck, Kast, Williams, LLP (Ind. Ct. App. July 13, 2012) In this case, the Court of Appeals affirmed a defense verdict in a legal malpractice action.
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Notice Under the Tort
Notice Under the Tort
​Shoettmer v. Wright (Ind. Ct. App. July 13, 2012) This case addressed the question of whether communicating notice of a claim against a governmental agency to that entity’s insurance company constitutes sufficient notice under Indiana’s tort claims statute.
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Ineffective Assistance of Counsel
Ineffective Assistance of Counsel
​McWhorter v. State (Ind. Ct. App. July 9, 2012) In this case, the defendant was convicted of voluntary manslaughter after being charged with murder.
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Child Support
Child Support
Hirsch v. Oliver (Ind. June 29, 2012) In this case, the Supreme Court clarified some important issues regarding emancipation and a parent’s obligation to pay child support for post-secondary education expenses.
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Due Process
Due Process
​Wynkoop v. Town of Cedar Lake (Ind. Ct. App. June 29, 2012) This case involves the often-litigated issue of whether one has a constitutionally protected interest in one’s employment.
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Notice of Tort Claims
Notice of Tort Claims
​City of Indianapolis v. Buschman (Ind. Ct. App. June 26, 2012) Plaintiffs who are injured by governmental entities must provide notice to those entities within 180 days of the injury or forfeit the claim.
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Obligation to Pay Child Support
Obligation to Pay Child Support
​Ashabranner v. Wilkins (Ind. Ct. App. June 15, 2012) In this case, the Court of Appeals addressed a situation in which a nineteen-year-old child lived with neither parent, received Section 8 housing assistance, worked, and was in the process of beginning college.
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Protected Person Statute
Protected Person Statute
​A.R.M. v. State (Ind. Ct. App. June 7, 2012) In this case, the Court of Appeals addressed the Protected Person Statute, Indiana Code section 35-37-6-6, which governs, among other things, the admission of child testimony by videotape in sex crime cases.
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Termination of Child Support
Termination of Child Support
​Sexton v. Sexton (Ind. Ct. App. June 8, 2012) This case is the Court of Appeals’ first opportunity to discuss Public Law 111-2012, which will change the presumptive age for termination of child support from twenty-one to nineteen, effective July 1, 2012.
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Governmental Liability
Governmental Liability
​W.D. v. City of Nappanee (Ind. Ct. App. June 6, 2012) This case involves a suit brought by a child and his parents against the City of Nappanee following injuries sustained by the child in a near-drowning in the City pool.
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Legal Malpractice
Legal Malpractice
​Perkins v. Stesiak (Ind. Ct. App. May 30, 2012) In this case, the Court of Appeals affirmed a trial court’s grant of summary judgment on the grounds that the plaintiff had no cognizable claim for emotional distress.
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Wrongful Death and Premises Liability
Wrongful Death and Premises Liability
Adnrousky v. Walter (Ind. Ct. App. May 30, 2012) The Plaintiff in this case filed suit against a landowner after the Plaintiff’s son drowned in the landowner’s pool.
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Attorney-Client Relations
Attorney-Client Relations
​Myers v. Deets (Ind. Ct. App. May 29, 2012) This case involves a suit by a client against an attorney and the attorney’s partner (“Edward”), firm, and insurance company after the attorney allegedly and improperly failed to refund part of a retainer.
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Criminal Procedure
Criminal Procedure
​​Haste v. State (Ind. Ct. App. May 25, 2012) In this case, a criminal defendant appealed a conviction and sentence for dealing methamphetamine following an order sentencing the defendant to 10 years.
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Appellate Procedure: In re Estate of Shuler (Ind. Ct. App. May 25, 2012)
Appellate Procedure: In re Estate of Shuler (Ind. Ct. App. May 25, 2012)
​In re Estate of Shuler (Ind. Ct. App. May 25, 2012) This case addresses the important issue of whether an order is “final” for purposes of an appeal.
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Landlord-Tenant Law
Landlord-Tenant Law
​Reynolds v. Capps (Ind. Ct. App. May 23, 2012) A landlord filed a claim for ejection and past-due rent. No judge appeared at the small claims trial, so a court reporter took down argument from the parties.
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Service of Pleadings and Motions
Service of Pleadings and Motions
​Clements v. Hall(Ind. Ct. App. April 24, 2012) In this case, the Court of Appeals reversed a trial court’s denial of a motion for relief from judgment. The defendant’s attorney was not served with the plaintiffs’ summary judgment motion, which the trial court had granted.
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Insurance Coverage
Insurance Coverage
Omni Insurance Group v. Poage(Ind. Ct. App. April 23, 2012) Parties often litigate the issue of whether a person was a resident of another’s home for purposes of an insurance policy.
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Belated Criminal Appeals
Belated Criminal Appeals
Darby v. State (Ind. Ct. App. April 19, 2012) In this criminal appeal, the Court of Appeals affirmed the trial court’s denial of the defendant’s petition to file a belated notice of appeal.
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