Trial court exceeded the bounds of its authority by refusing to allow an entire settlement to be placed in a special needs trust.
Carr v. State, No. 18A-CR-286, __ N.E.3d __ (Ind. Ct. App., July 23, 2018).
Admission of a prior statement made by the victim to a law enforcement official did not violate defendant’s Sixth Amendment confrontation rights and was admissible as a hearsay exception when defendant’s own wrongdoing caused the victim’s unavailability.
Liddle v. Clark, No. 49A04-1707-MI-1662, __ N.E.3d __ (Ind. Ct. App., July 23, 2018).
Damages for loss of a pet are limited to fair market value; sentimental value cannot be included in the calculation.
Estate of Lewis v. Toliver, No. 41A01-1712-EU-2893, __ N.E.3d __ (Ind. Ct. App., July 13, 2018).
The trial court has inherent power to reconsider its appointment of a special administrator.
Bullock v. State, No. 49A05-1706-CR-1247, __ N.E.3d __ (Ind. Ct. App., July 5, 2018).
Notwithstanding a CCS entry after a mistrial that contained the word judgment, the court had not entered a judgment of conviction and the defendant could be retried