Clinical psychologist’s testimony about general characteristics common to child abuse victims was properly admitted as Evidence Rule 702(a) expert “specialized knowledge” which was based on observations of victims and accordingly was not “scientific.”
Criminal
West v. State, No. 11A01-1203-CR-123, __ N.E.2d __ (Ind. Ct. App., Oct. 1, 2012).
Trial court’s failure to rule within a year after hearing motion to suppress, when defense motion for continuance was made at court’s urging pending ruling on the motion, required defendant’s discharge under Criminal Rule 4(C)’s one year trial rule.
Kirk v. State, No. 49A02-1110-CR-979, __ N.E.2d __ (Ind. Ct. App., Sept. 24, 2012).
Father did not have standing to object to admission of his stepson’s police statement on the basis that the officers had not followed the juvenile waiver of rights statute before questioning the stepson. Indiana Constitution’s Art. 1, § 11 search provision was violated when police officer read text messages on defendant’s cellphone at the time the officer seized the phone in a search incident to arrest.
Jennings v. State, No. 53S01-1209-CR-526 (Ind., Sept. 18, 2012).
The Supreme Court has granted transfer in the misdemeanor sentencing case Jennings v. State, thereby vacating the Court of Appeals opinions found at 956 N.E.2d 203 (Ind. Ct. App. 2011), on rehearing 962 N.E.2d 1260 (Ind. Ct. App. 2012).
State v. Bisard, No. 49A04-1109-CR-459, __ N.E.2d __ (Ind. Ct. App., Sept. 12, 2012).
Under the Implied Consent statutes, “blood may be drawn at a licensed hospital or by certain people if not at a licensed hospital. To the extent that someone else draws blood, the evidence must show that the person is properly trained and performed the draw in a medically acceptable manner.”