In hearing to terminate drug court placement, trial court properly took judicial notice of notes of attendance reports in Drug Court file under Evidence Rule 201(b)(5), authorizing judicial notice of “records of a court of this state.”
Criminal
Carpenter v. State, No. 02A05-1309-CR-467, __ N.E.3d __ (Ind. Ct. App., Aug. 26, 2014).
As an issue of first impression, this case holds that the hearsay rule does not prohibit admission of mail exhibits to demonstrate the defendant’s name and address were on mail found in a specific location.
Mallory v. State, No. 20A03-1403-MI-76, __ N.E.3d __ (Ind. Ct. App., Aug. 15, 2014)
Former statutory provision that victim’s statement “shall” be considered did not authorize court to refuse expungement when all petition requirements were met.
Ward v. State, No. 49A02-1401-CR-25, __ N.E.3d __ (Ind. Ct. App., Aug. 15, 2014).
Statements by belt whipping victim to medical personnel identifying defendant as attacker were not “testimonial,” so that Sixth Amendment Confrontation right did not apply to prevent personnel from testifying about victim’s statements.
Littrell v. State, No. 79A02-1401-CR-24, __ N.E.3d __ (Ind. Ct. App., Aug. 21, 2014).
When defendant had moved for a trial within seventy days pursuant to Criminal Rule 4(B), the ninety day extension authorized by Criminal Rule 4(D) for unavailable state’s evidence ran from the end of the seventy day period, not from the earlier date when the trial court granted the extension.