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   State Courts - Indiana - February 26 - February 27, 2007

  
Clark v. Hunter, No. 18A05-0606-CV-308, COURT OF APPEALS OF INDIANA, February 26, 2007, Decided , February 26, 2007, Filed
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Overview: When plaintiffs brought suit for breach of contract and to foreclose a mechanic's lien, it was error not to foreclose on the mechanic's lien while awarding plaintiffs damages. Because the lien existed to secure payment of the debt the trial court found that defendant owed plaintiffs, it was required to order foreclosure.

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Swift v. Speedway Superamerica LLC, No. 49A02-0607-CV-577, COURT OF APPEALS OF INDIANA, February 26, 2007, Decided , February 26, 2007, Filed
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Overview: A former employee was not entitled to bonuses from her former employer, under Ind. Code § 22-2-5-1, because the bonuses were deferred compensation which vested on the passage of time and continued employment with the employer, and could be forfeited, and the employee did not meet the requirements of the employer's policy on the payment of bonuses.

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Dreibelbiss Title Co. v. MorEquity, Inc., No. 49A04-0602-CV-93, COURT OF APPEALS OF INDIANA, February 27, 2007, Decided , February 27, 2007, Filed
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Overview: In a suit for breach of a title insurance policy, the trial court properly held that the lender was not obliged to more promptly notify the insurer of a foreclosure. The insurer's failure to follow payoff instructions amounted to a first material breach of its obligations to the lender, relieving the lender of its notice obligations.

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Finke v. Town of Highland, CAUSE NO. 45A03-0606-CV-280, COURT OF APPEALS OF INDIANA, February 27, 2007, Decided , February 27, 2007, Filed
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Greeno v. State, No. 49A04-0601-CR-28, COURT OF APPEALS OF INDIANA, February 27, 2007, Decided , February 27, 2007, Filed
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Overview: Trial court erred in denying defendant's motion to suppress drugs found on his person, because the fact that defendant walked away when he saw the officer's vehicle did not provide a reasonable suspicion of criminal activity, and because the stop was improper, the evidence collected during the search of defendant had to be suppressed.

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Harris v. State, No. 48S04-0702-PC-72, SUPREME COURT OF INDIANA, February 27, 2007, Decided , February 27, 2007, Filed
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Overview: Where inmate alleged his sentence violated former Ind. Code § 35-50-1-2(c) as his felonies involved single episode of criminal conduct, as transcript of minor victims' testimony indicated connected series of offenses closely connected in time, place, and circumstance, appellate counsel was ineffective for failing to include transcript in record.

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Leonelli v. Noble County Dep't of Child Servs. (In re G.R.), No. 57A03-0608-JV-363, COURT OF APPEALS OF INDIANA, February 27, 2007, Decided , February 27, 2007, Filed
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Overview: Because a mother's parental rights had been terminated and because a step-grandfather was not a "grandparent," neither the grandmother nor the step-grandfather had standing to file a petition for visitation or custody of the child under Ind. Code §§ 31-9-2-77, 31-34-4-2(a).

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Prince v. Dep't of Child Servs., No. 02A03-0606-JV-269, COURT OF APPEALS OF INDIANA, February 27, 2007, Decided , February 27, 2007, Filed
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Overview: Though mother remained sober when under a court order to stay in a drug treatment facility, she had not shown she could remain sober without threat of imprisonment. In light of her history of relapses, court properly terminated her parental rights under Ind. Code § 31-35-2-4(b)(i), as circumstances resulting in children's removal had not changed.

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Raess v. Doescher, No. 49A02-0506-CV-490, COURT OF APPEALS OF INDIANA, February 27, 2007, Decided , February 27, 2007, Filed
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Overview: Despite error in the original appellate opinion, a trial court judgment was correctly reversed and original opinion was sustained on rehearing. Probative value of expert's testimony that a co-worker was workplace bully was outweighed by unfair prejudice and trial counsel's unrelenting emphasis on that testimony was both misleading and confusing.

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