Father of victim of an accident cannot recover for negligent infliction of emotional distress, because none of the three circumstantial factors were met; the claimant must demonstrate that the scene viewed was essentially as it was at the time of the incident, that the victim was in essentially the same condition as immediately following the incident, and that the claimant was not informed of the incident before coming upon the scene.
Hamilton v. State, No. 65A04-1412-CR-592, ___ N.E.3d ___ (Ind. Ct. App., Sept. 9, 2015).
Forensic interviewer’s testimony vouching for child victims’ testimony, admitted over defendant’s timely objection, was reversible error. But detective calling children’s statements “powerful” when interrogating defendant was not error because it was meant only to elicit response from defendant, not as assertion of fact.
R.B. v. State, No. 49A02-1502-JV-96, ___ N.E.3d ___ (Ind. Ct. App., Sept. 11, 2015).
Under the Fourth Amendment, police could reasonably rely on minor’s mother’s consent to search minor’s bedroom in her home.
Boyer v. Smith, No. 15S01-1509-CT-526, __ N.E.3d __ (Ind., Sept. 10, 2015).
Indiana does not have personal jurisdiction over an attorney that never practiced law in Indiana and did not seek business from Indiana residents – she had no minimum contacts within or substantial connection to Indiana.
Reef v. Asset Acceptance, LLC, No. 49A05-1501-CC-3, __ N.E.3d __ (Ind. Ct. App., Sept. 11, 2015).
When a party failed to properly designate evidence in support of its motion for summary judgment, the trial court’s award of summary judgment was inappropriate.