Defendant waived his right of confrontation when he did not attend the victim’s trial deposition, conducted via Skype when she was in Louisiana, after he had been invited to attend.
Wise v. State, No. 49A02-1406-CR-408, __ N.E.3d __ (Ind. Ct. App., Feb. 13, 2015).
Victim’s handheld video camera video of playback of cellphone video was properly admitted under the “silent witness” theory and its admission as evidence did not violate the defendant’s confrontation rights.
Bickford v. State, No. 62A01-1409-CR-389, __ N.E.3d __ (Ind. Ct. App., Feb. 13, 2015).
Owner’s voluntary surrender of neglected animals precluded use of statute requiring payment to a shelter for care of impounded animals, but payment for animals’ care was properly ordered under the general restitution statute.
Wesheit v. State, No. 10S00-1307-DP-492, __ N.E.3d __ (Ind., Feb. 18, 2015).
Defendant failed to show that denial of his challenges for cause to prospective jurors and his consequent exhaustion of his peremptories had the result of forcing him to accept objectionable jurors. Trial court properly determined that juror’s wife’s note given to jurors with cookies she baked did not require a mistrial. Opinion also rejects contention that capital jury’s failure to list mitigating circumstances indicated the jury failed to consider the mitigation evidence.
Clem v. Watts, No. 60A05-1406-PL-297, N.E.3d __ (Ind. Ct. App., Feb. 18, 2015).
An attorney fee lien is not valid if the lien is filed before judgment is entered.