Indiana Case Commentaries

Enforceability of Arbitration Clauses in Subcontracts Requires Clear Incorporation by Reference

Date: Feb 5, 2004

Enforceability of Arbitration Clauses in Subcontracts Requires Clear Incorporation by Reference Introduction The case of Mpact Construction Group, LLC v. Superior Concrete Constructors, Inc....

Limits on Prosecutorial References to Sentencing in Closing Arguments: Brown v. State of Indiana

Date: Dec 11, 2003

Limits on Prosecutorial References to Sentencing in Closing Arguments: Brown v. State of Indiana Introduction Brown v. State of Indiana, 799 N.E.2d 1064 (Ind. 2003), is a seminal case adjudicated by...

Duty of Care in Business Premises: PARAGON FAMILY RESTAURANT v. BARTOLINI

Date: Dec 10, 2003

Duty of Care in Business Premises: PARAGON FAMILY RESTAURANT v. BARTOLINI Introduction The case of Paragon Family Restaurant, d/b/a Round The Corner Pub v. Mario Bartolini, Jr., adjudicated by the...

Indiana Supreme Court Establishes Guidelines on Appropriate Sentencing in Child Molestation Cases: Serino v. State

Date: Nov 20, 2003

Indiana Supreme Court Establishes Guidelines on Appropriate Sentencing in Child Molestation Cases: Serino v. State Introduction Serino v. State, 798 N.E.2d 852 (Ind. 2003), is a landmark case in the...

Affirming Non-Personal Liability for Economic Loss in Contractual Negligence: Greg Allen Construction Co. v. Estelle

Date: Nov 11, 2003

Affirming Non-Personal Liability for Economic Loss in Contractual Negligence: Greg Allen Construction Co. v. Estelle Introduction The case of Greg Allen Construction Company, Inc., and Greg Allen v....

Waiver of Summary Judgment and Appellate Attorney Fees in Thacker v. Wentzel

Date: Oct 18, 2003

Waiver of Summary Judgment and Appellate Attorney Fees in Thacker v. Wentzel Introduction The case Jerry Thacker v. Margaret Wentzel and Jack Wentzel, Jr. (797 N.E.2d 342) adjudicated by the Court of...

Indiana Supreme Court Rules Parents Can Revoke Voluntary Termination of Parental Rights in Open Court

Date: Sep 26, 2003

Indiana Supreme Court Rules Parents Can Revoke Voluntary Termination of Parental Rights in Open Court Introduction The case of Mary Neal v. In The Matter of the Termination of the Parent-Child...

Waiver of Due Process Claims in Parental Rights Termination: Mary McBride v. Monroe County Office of Family and Children

Date: Sep 9, 2003

Waiver of Due Process Claims in Parental Rights Termination: Mary McBride v. Monroe County Office of Family and Children Introduction The case of Mary McBride v. Monroe County Office of Family and...

Attorney Authority to Bind Absent Clients in Mediation Settlements: Insights from GEORGOS v. JACKSON

Date: Jul 1, 2003

Attorney Authority to Bind Absent Clients in Mediation Settlements: Insights from GEORGOS v. JACKSON Introduction In the landmark case Michael Georgos and Pangere Corporation v. Claude Jackson, 790...

Indiana Supreme Court Holds School Districts Liable for Security Failures and Private Security Negligence

Date: Jun 28, 2003

Indiana Supreme Court Holds School Districts Liable for Security Failures and Private Security Negligence Introduction In the landmark case of Randall S. King et al. v. Northeast Security, Inc. and...

Establishing Duty of Care for Electric Utilities in Emergency Situations: Northern Indiana Public Service Company v. Grace Sharp

Date: Jun 28, 2003

Establishing Duty of Care for Electric Utilities in Emergency Situations: Northern Indiana Public Service Company v. Grace Sharp Introduction In the landmark case of Northern Indiana Public Service...

Scope of Employment in Tort Actions Against Public Employees: BUSHONG v. WILLIAMSON

Date: Jun 28, 2003

Scope of Employment in Tort Actions Against Public Employees: BUSHONG v. WILLIAMSON Introduction BUSHONG v. WILLIAMSON, 790 N.E.2d 467 (Ind. 2003), is a pivotal case decided by the Supreme Court of...

Land Classification in Property Tax Assessment: Insights from Osolo Township v. Elkhart Maple Lane Associates

Date: May 31, 2003

Land Classification in Property Tax Assessment: Insights from Osolo Township v. Elkhart Maple Lane Associates Introduction The case of Osolo Township (Elkhart County) Assessor, Elkhart County,...

Expansion of Rule 404(b) Applicability to Non-Defendants in Criminal Proceedings

Date: May 15, 2003

Expansion of Rule 404(b) Applicability to Non-Defendants in Criminal Proceedings Introduction In the landmark case of Sharon Garland v. The State of Indiana, the Supreme Court of Indiana addressed a...

Carpenter v. State: Establishing Stricter Standards for Admitting Hearsay in Child Molestation Cases

Date: Apr 15, 2003

Carpenter v. State: Establishing Stricter Standards for Admitting Hearsay in Child Molestation Cases Introduction Carpenter v. State of Indiana is a landmark decision by the Supreme Court of Indiana...

Reinforcing DOYLE v. OHIO: Silence After Miranda Cannot Be Used as Evidence of Guilt

Date: Mar 15, 2003

Reinforcing DOYLE v. OHIO: Silence After Miranda Cannot Be Used as Evidence of Guilt Introduction In the landmark case of Wayne Kubsch v. State of Indiana (784 N.E.2d 905), the Supreme Court of...

Indiana Supreme Court Revises Jury Instruction on Uncorroborated Testimony: Implications for Future Criminal Proceedings

Date: Mar 7, 2003

Indiana Supreme Court Revises Jury Instruction on Uncorroborated Testimony: Implications for Future Criminal Proceedings Introduction The case of Mitchell Ludy v. State of Indiana (784 N.E.2d 459)...

Affirmation of Search and Seizure Validity, Pro Se Representation, and Sufficiency of Evidence in Jones v. State

Date: Mar 6, 2003

Affirmation of Search and Seizure Validity, Pro Se Representation, and Sufficiency of Evidence in Jones v. State Introduction Jerry Jones, the appellant and defendant, was convicted by the Marion...

Affirmation of Death Sentence Based on Intentional Murder During Rape in Overstreet v. State

Date: Feb 25, 2003

Affirmation of Death Sentence Based on Intentional Murder During Rape in Overstreet v. State Introduction In the landmark case of Michael Dean Overstreet v. State of Indiana (783 N.E.2d 1140), the...

Indiana Supreme Court Clarifies Jury Instructions on 'Sudden Heat' and Affirms Counsel Effectiveness Standards in Voluntary Manslaughter Cases

Date: Nov 26, 2002

Indiana Supreme Court Clarifies Jury Instructions on 'Sudden Heat' and Affirms Counsel Effectiveness Standards in Voluntary Manslaughter Cases Introduction The case of Roger Boesch v. State of...