Defendant waived his right of confrontation when he did not attend the victim’s trial deposition, conducted via Skype when she was in Louisiana, after he had been invited to attend.
Appeals
Wise v. State, No. 49A02-1406-CR-408, __ N.E.3d __ (Ind. Ct. App., Feb. 13, 2015).
Victim’s handheld video camera video of playback of cellphone video was properly admitted under the “silent witness” theory and its admission as evidence did not violate the defendant’s confrontation rights.
Bickford v. State, No. 62A01-1409-CR-389, __ N.E.3d __ (Ind. Ct. App., Feb. 13, 2015).
Owner’s voluntary surrender of neglected animals precluded use of statute requiring payment to a shelter for care of impounded animals, but payment for animals’ care was properly ordered under the general restitution statute.
Clem v. Watts, No. 60A05-1406-PL-297, N.E.3d __ (Ind. Ct. App., Feb. 18, 2015).
An attorney fee lien is not valid if the lien is filed before judgment is entered.
Keller v. State, No. 88A04-1404-CR-168, __ N.E.3d __ (Ind. Ct. App., Feb. 9, 2015).
The evidence did not support the conclusion that a long-abandoned farmhouse undergoing renovation was a “dwelling” for purposes of burglary; opinion does not address instructions tendered and given on “dwelling.”