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   State Courts - Indiana - September 11 - September 12, 2007

  
Briggs v. State, No. 82A01-0611-CR-488, COURT OF APPEALS OF INDIANA, September 11, 2007, Decided
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Overview: Reversal of defendant's conviction for resisting law enforcement was required because the arresting officers were not lawfully engaged in the execution of their duties when they tried to restrict defendant's movement. Defendant was not under arrest, in custody, or under suspicion, and defendant was free to disregard the officers or to walk away.

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Bynum v. Marion County Dep't of Child Servs., CAUSE NO. 49A04-0701-JV-49, COURT OF APPEALS OF INDIANA, September 11, 2007, Decided, September 11, 2007, Filed
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Mayes v. Second Injury Fund, No. 93A02-0702-EX-162, COURT OF APPEALS OF INDIANA, September 11, 2007, Decided
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Overview: Because the record did not show the amount of compensation a workers' compensation claimant had received from a confidential third-party settlement, the claimant had failed to prove that further compensation under the Second Injury Fund under Ind. Code § 22-3-3-13, even if allowed, would not result in a double recovery under Ind. Code § 22-3-2-13.

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Williams v. State, No. 49A05-0612-CR-688, COURT OF APPEALS OF INDIANA, September 11, 2007, Decided
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Overview: Partial entry into home created same situation the crime of residential entry was designed to deter in the same manner as a complete entry and, therefore, defendant's partial entry fell within the scope of residential entry and State produced sufficient evidence to sustain defendant's conviction for residential entry under Ind. Code § 35-43-2-1.5.

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Carden v. State, No. 49A02-0608-CR-700, COURT OF APPEALS OF INDIANA, September 12, 2007, Decided
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Overview: Revocation of probation was reversed as probation officer's allegation defendant violated probation was based on mapping system that indicated daycare was located within two blocks of girlfriend's address, where defendant admittedly spent a night, and there was no evidence as to how frequent system was updated or that daycare was still in business.

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Collins v. State, No. 27A02-0612-CR-1117, COURT OF APPEALS OF INDIANA, September 12, 2007, Decided
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Overview: Admission of out-of-court statements related in 911 dispatcher's testimony did not violate the Confrontation Clause as statements, made to enable police to meet ongoing emergency, were not testimonial. Admission of videotaped statement did not violate Fifth Amendment right against self-incrimination as unequivocal request for attorney was not made.

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Steve Silveus Ins. v. Goshert, No. 43A03-0603-CV-88, COURT OF APPEALS OF INDIANA, September 12, 2007, Decided
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Overview: The trial court properly held that under agreements with salesmen, insurance companies were required to give the salesmen 30 days' written notice prior to termination. The paragraph in question was more specific than one that contained no notice requirement, and the companies' interpretation would render the paragraph meaningless.

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