“[T]he State may impeach a testifying defendant by using a prior custodial statement that was indeed recorded but was not ‘available at trial’ as required by Evidence Rule 617 because neither defense counsel nor the prosecutor knew of its existence until trial was under way.”
South Shore Baseball, LLC v. DeJesus, No. 45A03-1205-CT-222,___ N.E.2d ___ (Ind. Ct. App., Feb. 15, 2013).
After being hit by a foul ball at a professional baseball game, plaintiff could not prevail under premises liability or negligence.
In re A.M.-K., No. 49A02-1207-JC-533,___ N.E.2d ___ (Ind. Ct. App., Feb. 20, 2013).
DCS failed to present sufficient evidence to overcome mother’s liberty interest in deciding her own treatment when mother objected to a parental participation order requiring her to take all medications as prescribed.
In re Cook, No. 49A04-1207-PO-370, ___ N.E.2d ___ (Ind. Ct. App., Feb. 20, 2013).
Defendant is entitled to a hearing about whether his name should be removed from the protection order registry on the JTAC website and law enforcement databases, but the Court of Appeals will not remove his name sua sponte.
State Farm Fire & Casualty, Co. v. Riddell Nat’l Bank, No. 61A01-1204-PL-159,___ N.E.2d ___ (Ind. Ct. App., Feb. 20, 2013).
Ind. Code 27-1-13-17 provides that an insurance policy requiring that the filing of a claim in a time period less than two years is void.