Prompt admonition to jury to disregard lay witness’s statement in violation of motion in limine “though you have never heard of it,” together with other circumstances of the trial, avoided need for mistrial.
Gonzalez v. State, No. 82A01-0809-CR-406, __ N.E.2d __ (Ind. Ct. App., June 23, 2009)
Gonzalez v. State (Ind. Ct. App., May, J.)-When trial judge took plea agreement under advisement to allow the school which owned the bus defendant hit to decide whether to object, defendant’s letter to the school apologizing was a plea negotiation statement privileged under Evidence Rule 410 and its admission in evidence was reversible error.
Melendez-Diaz v. Massachusetts, No. 07-591, __ U.S. __ (June 25, 2009)
Admission of government lab technicians’ sworn “certificates of analysis” that substance taken from defendant was cocaine violated defendant’s Sixth Amendment Confrontation Clause right; the certificates were “affidavits” and within the “core class of testimonial statements” defined in Crawford v. Washington.
Washington Twp. Fire Dep't v. Beltway Surgery Ctr., No. 93A02-0811-EX-1006, ___ N.E.2d ___ (Ind. Ct. App., June 24, 2009)
The employer of an injured employee bears the burden of proving that a medical service provider’s bill exceeds the Worker’s Compensation 80th percentile standard.
Smith v. Wrigley, No. 33A05-0903-CV-156, ___ N.E.2d ___ (Ind. Ct. App., June 25, 2009)
Because inmate’s claims were neither legally nor factually frivolous, trial court erred in dismissing his complaint under the Frivolous Claim Law.