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State Courts -
Indiana - July 31 - August 1, 2006
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Boyle v. State, No. 49A04-0507-CR-369,
COURT OF APPEALS OF INDIANA, FOURTH DISTRICT, July 31, 2006, Decided , July 31, 2006, Filed
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Overview: Trial court properly allowed defendant to file a belated direct appeal under Ind. R.P. Post-Conviction Remedies 2, § 1. A direct appeal was the proper means for a defendant who had entered a capped guilty plea to challenge his sentence, and there was no indication that defendant had caused the late notice of appeal.
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Membres v. State, No. 49A02-0511-CR-1065,
COURT OF APPEALS OF INDIANA, SECOND DISTRICT, July 31, 2006, Decided , July 31, 2006, Filed
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Overview: In a motion for turnover under Ind. Code § 35-33-5-5(j), evidence seized from appellant's home should have been suppressed because the warrant was not valid when it was based on information recovered from appellant's trash and the officers did not have a reasonable, articulable suspicion to search the trash as required by Ind. Code art. I, § 11.
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Piles v. Gosman, No. 41A05-0509-CV-563,
COURT OF APPEALS OF INDIANA, FIFTH DISTRICT, July 31, 2006, Decided , July 31, 2006, Filed
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Overview: Neighbor established he owned disputed property by adverse possession under Ind. Code § 32-21-7-1 by showing that his predecessor used disputed parcel as garden and pasture and eventually rebuilt fence along its boundary, which use was consistent with land's character as farmland, and predecessor controlled the area for more than 10 years.
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Reliable Dev. Corp. v. Berreir, No. 64A03-0406-CV-296,
COURT OF APPEALS OF INDIANA, THIRD DISTRICT, July 31, 2006, Decided , July 31, 2006, Filed
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Overview: In a personal injury action for a lower back condition, it was an abuse of discretion to deny the health club's request to question plaintiff's experts about plaintiff's other prior back injuries and their contribution to plaintiff's health, particularly when the health club presented a good faith basis for the line of questioning.
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Ferguson v. Stevens, No. 07A01-0508-CV-395,
COURT OF APPEALS OF INDIANA, FIRST DISTRICT, August 1, 2006, Decided , August 1, 2006, Filed
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Overview: Because an alleged forger's testimony that she had no knowledge of a forgery, if credited, would prevail unless it was contradicted and overcome by evidence that proved that she had some individual responsibility for the forged signature, the trial court properly set aside the default judgment pursuant to Ind. R. Trial P. 60(B)(4).
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Grayson v. Union Fed. S&L Ass'n, No. 54A05-0510-CV-624,
COURT OF APPEALS OF INDIANA, FIFTH DISTRICT, August 1, 2006, Decided , August 1, 2006, Filed
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Overview: Trial court's decision to correct an order nunc pro tunc to allow the bank to proceed on a sale of personal property was reversed because the sellers, who had a junior secured interest in the personal property, were potentially prejudiced by the order and a trial on the disposition of the personal property needed to be conducted.
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State v. Augustine, No. 64A03-0507-CR-334,
COURT OF APPEALS OF INDIANA, THIRD DISTRICT, August 1, 2006, Decided , August 1, 2006, Filed
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Overview: Trial court erred in granting defendant's motion to suppress evidence obtained pursuant to defendant's encounter with a police officer; defendant's Fourth Amendment and Ind. Const. art. I, § 11 rights were not violated, as under the circumstances there was a reasonable suspicion for an investigatory stop of defendant.
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Tony v. Elkhart County, No. 57A04-0510-CV-593,
COURT OF APPEALS OF INDIANA, FOURTH DISTRICT, August 1, 2006, Decided , August 1, 2006, Filed
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Overview: When an employee claimed that he had been constructively discharged in retaliation for filing a workers' compensation claim, he had stated a claim upon which relief could be granted. Such a claim fell within the public policy exception to the doctrine of at-will employment.
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