Sowers v. State, No. 08A02-1208-CR-640, __ N.E.2d __ (Ind. Ct. App., May 16, 2013)
In this case, improper communication between bailiff and foreperson was fundamental error.
Published by the Indiana Judicial Center
In this case, improper communication between bailiff and foreperson was fundamental error.
Holds that recent U.S. Supreme Court Confrontation Clause decisions do not alter the result in the earlier Indiana holding that breath test equipment certificates of inspection are not “testimonial” and accordingly are admissible without implicating the Confrontation Clause.
Reverses twelve-year old’s conspiracy to commit murder conviction when counsel had only four days to prepare for waiver of juvenile jurisdiction hearing.
If a proposed medical malpractice complaint is filed before the Indiana Department of Insurance without filing fees, it can be treated as unfiled until the fees are paid, or it can be treated as filed and a show cause order can be issued to the plaintiffs that they must pay the fee “in short order.”
Declines to extend the duty of innkeepers to guests to include instances in which the owner did not have knowledge of a perilous situation.
Jane Seigel, Executive Director
Michael J. McMahon, Director of Research
Amanda Wishin, Staff Attorney
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Indianapolis, Indiana 46204
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