Case Law Update

Venue and Jurisdiction

Goodman v. SeRine Ind.Ct.App. March 31, 2014

Although the sellers’ bankruptcy action had been dismissed, the bankruptcy court that heard the bankruptcy action was the proper venue for a quiet title action on property that was a part of the bankruptcy estate.

Commercial Speech

Miller v. Fed Ex Ind.Ct.App. April 4, 2014

Fed Ex was found immune from suit under the Federal Communications Decency Act as they are providers of an interactive computer service, as defined under Section 230(c).  To qualify for immunity, Fed Ex had to show that they were a provider of an interactive computer service, that the action treated them as the publisher of the information and that the information was provided by another content provider; they successfully did so.

OWI 

Metzger v. State Ind.Ct.App. Mar. 31, 2014

When a blood draw warrant had been issued for a driver who had refused a breath test, the driver’s refusal to cooperate with the blood draw was properly found to be in indirect criminal contempt.

Sentencing

Wilson v. State Indiana Supreme Court April 1, 2014

A “hybrid” sentence for multiple convictions arising out of the same factual circumstance is not authorized by statute.  The trial court, in sentencing a criminal to a partially concurrent and partially consecutive term, acted outside of its authority.

 

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