Akard v. State, No. 79S02-1009-CR-478, __ N.E.2d __ (Ind., Dec. 9, 2010)

An appellate review increase in defendant’s sentence, while within an appellate court’s authority under Appellate Rule 7(B), is not ordered in this case, particularly since the State agreed that the sentence the trial judge imposed was appropriate.

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Marion County Auditor v. Saw Mill Creek, LLC, No. 49A02-0912-CV-1192, __ N.E.2d __ (Ind. Ct. App., Dec. 3, 2010)

Statutory requirement that auditor send a first-class mail notice of tax due to property owner when initial certified mail notice is returned undelivered must be complied with to comport with due process.

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Rider v. McCamment, No. 16A01-1004-CT-180, __ N.E.2d __ (Ind. Ct. App., Dec. 6, 2010)

When home-buyer was by agreement not to be on home construction premises without permission, fact home-buyer had been on the premises numerous times and may have been seen then by contractor precluded summary judgment against home-buyer on her negligence claim for injuries suffered when she was on the construction site.

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Brindle v. Arata, No. 02A05-1004-SC-239, __ N.E.2d __ (Ind. Ct. App., Dec. 7, 2010)

Student loan funds, exempt from garnishment under federal statute, retain their exempt status after deposit in the student’s bank account.

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M.S. v. C.S., No. 03A01-1003-DR-140, __ N.E.2d __ (Ind. Ct. App., Dec. 7, 2010)

Child custody statute does not authorize a parent to obtain “joint custody with third parties by simply filing a joint petition with a trial court, because to do so would allow parents and third parties to circumvent the requirements of the Adoption Act.”

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