The trial court violated defendant’s federal and state constitutional rights of confrontation when the court required the witnesses to wear masks while testifying without entering specific facts of necessity. However, the error was harmless.
Appeals
Akinribade v. State, No. 22A-CR-1757, __ N.E.3d __ (Ind. Ct. App., Jan. 27, 2023).
The Trial Rules govern discovery and, as incorporated by Indiana’s Criminal Rules, apply to all criminal proceedings so far as they are not in conflict with any specific rule adopted by the Indiana Supreme Court for the conduct of criminal proceedings.
Keene v. State, No. 22A-CR-1335, __ N.E.3d __ (Ind. Ct. App., Jan. 30, 2023).
The test for awarding credit for pre-trial confinement remains whether the defendant’s pre-trial confinement is the result of the criminal charge for which the sentence is being imposed, including where plea agreements involving multiple cases are involved.
Edna Martin Christian Center, Inc. v. Smith, No. 22A-CT-1420, __ N.E.3d __ (Ind. Ct. App., Jan. 30, 2023).
A personal representative of an estate may not assert a claim for emotional distress damages for the benefit of the decedent’s minor dependent children and nondependent adult children in a wrongful death action.
Expert Pool Builders, LLC v. Vangundy, No. 22A-PL-1499, __ N.E.3d __ (Ind. Ct. App., Jan. 18, 2023).
Defendant waived his appeal of the default judgment by failing to file a T.R. 60(B) motion to set aside the default judgment; a motion to correct error did not preserve the issue.