In this case, improper communication between bailiff and foreperson was fundamental error.
Sowers v. State, No. 08A02-1208-CR-640, __ N.E.2d __ (Ind. Ct. App., May 16, 2013)
May 16, 2013 | Volume 40 Issue 18 | Filed Under: Criminal
Moryl v. Ransone, No. 46A04-1112-CT-710, __ N.E.2d __ (Ind. Ct. App., May 9, 2013).
May 9, 2013 | Volume 40 Issue 17 | Filed Under: Civil
A proposed medical malpractice complaint is not considered filed when a copy of the proposed complaint is delivered to a third-party carrier.
VanPatten v. State, No. 02S03-1205-CR-251, __ N.E.2d __ (Ind. Ct. App., May 2, 2013).
May 2, 2013 | Volume 40 Issue 16 | Filed Under: Criminal
The Evidence Rule 803(4) hearsay exception for statements made for the purpose of medical diagnosis or treatment was not shown to apply, because there was insufficient evidence the six year-old understood the need to provide the forensic nurse with truthful information about the suspected molestation.
Steen v. State, No. 49A02-1211-CR-877, __ N.E.2d __ (Ind. Ct. App., May 2, 2013).
May 2, 2013 | Volume 40 Issue 16 | Filed Under: Criminal
Printing of store’s name “H & M” on security tags and store labels was not hearsay under Evidence Rule 801(c) because it was “not capable of being true or not true.”
Lovold v. Ellis, No. 54A01-1209-DR-410, __ N.E.2d __ (Ind. Ct. App., Apr. 26, 2013).
May 2, 2013 | Volume 40 Issue 16 | Filed Under: Civil
Living expenses for a child living on campus should not be included in the child support order when the child has repudiated the parent and the parent is not required to contribute to the child’s post-secondary education.