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 | Tagged: ,

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.”

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Martin v. State, No. 73A01-1207-CR-300, __ N.E.2d __ (Ind. Ct. App., Apr. 8, 2013).

April 12, 2013 | Volume 40 Issue 13 | Filed Under: Criminal | Tagged: ,

Trial delays caused by toxicology witness’s repeated failures to appear for defense deposition were properly counted against the State in computing the Criminal Rule 4(C) one-year period.

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State Farm Fire & Cas., Co. v. Radcliff, No. 29A04-1111-CT-571, __ N.E.2d __ (Ind. Ct. App., Apr. 11, 2013).

April 12, 2013 | Volume 40 Issue 13 | Filed Under: Civil | Tagged: ,

Affirms the jury’s $14.5 million verdict on the defendant’s defamation counterclaim.

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Jones v. State, No. 49A02-1204-CR-292, __ N.E.2d __ (Ind. Ct. App., Feb. 11, 2013).

February 14, 2013 | Volume 40 Issue 6 | Filed Under: Criminal | Tagged: , ,

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.

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Gray v. State, No. 49A02-1205-CR-352, __ N.E.2d __ (Ind. Ct. App., Feb. 11, 2013).

February 14, 2013 | Volume 40 Issue 6 | Filed Under: Criminal | Tagged: ,

Trial judge erred by not allowing defendant to play portion of deposition audiotape in which witness made a statement inconsistent with the witness’s trial testimony.

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