Discovery of materials produced by non-testifying experts in a settled case was available only under “exceptional circumstances” as provided in Trial Rule 26(B)(4)(b).
Nasser v. St. Vincents Hospital and Health Services, No. 49A02-0910-CV-955, __ N.E.2d__ (Ind. Ct. App., Apr. 14, 20010)
Medical causation opinion of nurse serving on medical review panel was not admissible as expert opinion under Evidence Rule 702 and thus could not be used in resolving summary judgment motion.
Howard Regional Health System v. Gordon, No. 34A02-0902-CV-179, __ N.E.2d __ (Ind. Ct. App., Apr. 16, 2010)
Claim for third-party spoliation of evidence against hospital was not subject to Medical Malpractice Act procedures.
Killebrew v. State, No. 49A05-0905-CR-246, __ N.E.2d __ (Ind. Ct. App., Apr. 6, 2010)
Defendant established prosecutor’s neutral explanations for peremptory strike were pretextual and hence violated Batson rule when white jurors were not struck after giving answers the same as struck African-American’s and trial judge made no finding on prosecutor’s assertion about struck juror’s “emphatic” demeanor.
Beattie v. State, No. 82S01-0907-CR-307, __ N.E.2d __ (Ind., Apr. 8, 2010)
Inconsistent verdicts in criminal cases are permissible and are not subject to judicial review.