Undercover officer’s statement that he wanted sex from prostitution suspect were not hearsay and accordingly were not subject to Confrontation Clause protection, and defendant in any event had opportunity to confront second officer when he testified as to the first’s statement.
Turner v. State, No. 49S00-0912-CR-565, __ N.E.2d __ (Ind., Sept. 28, 2011).
Indiana Rule of Evidence 702(b) permitted admission of “tool mark” expert’s “identification” opinion that marks on unfired cartridge found in defendant’s girlfriend’s home matched marks on fired cartridge casings found at murder scene, even though the firearm which might have made the “tool marks” was never found.
Fratter v. Rice, No. 53A04-1101-CT-1, ___ N.E.2d ___ (Ind. Ct. App., Sept. 19, 2011).
The court properly gave the Indiana Model Civil Jury Instruction for responsible cause because it “closely tracks our Supreme Court’s definition of proximate cause” and although it does not contain the word “omission,” the term “conduct” includes both acts and omissions.
Avery v. Avery, No. No. 49S05-1102-PL-76, ___ N.E.2d ___ (Ind., Sept. 20, 2011).
“The Indiana Trial Rules apply to will contest actions, and the failure to file an answer or responsive pleading in accordance with Trial Rule 7 may result in a default judgment.”
Goldberg v. Farno, No. 41A01-1007-MF-348, ___ N.E.2d ___ (Ind. Ct. App., Sept. 26, 2011).
“Plain legal prejudice” is adopted as the standard for determining whether a non-settling defendant has standing to challenge a partial settlement to which it is not a party.