Statements by belt whipping victim to medical personnel identifying defendant as attacker were not “testimonial,” so that Sixth Amendment Confrontation right did not apply to prevent personnel from testifying about victim’s statements.
Appeals
Littrell v. State, No. 79A02-1401-CR-24, __ N.E.3d __ (Ind. Ct. App., Aug. 21, 2014).
When defendant had moved for a trial within seventy days pursuant to Criminal Rule 4(B), the ninety day extension authorized by Criminal Rule 4(D) for unavailable state’s evidence ran from the end of the seventy day period, not from the earlier date when the trial court granted the extension.
Gonzalez v. Evans, No. 29A02-1311-DR-984. , __ N.E.3d __ (Ind. Ct. App., Aug. 19, 2014).
Trial Rule 34(C)(3) permits non-parties to recover attorney fees associated with complying with a subpoena or other discovery request, but that refusing to comply with a discovery request solely on the basis that the parties cannot agree on an appropriate amount to pay does not constitute reasonable resistance to a discovery request.
Lucas v. State, No. 03A01-1309-CR-389, __ N.E.3d __ (Ind. Ct. App., Aug. 14, 2014).
Officer’s taking expired license suspect into patrol car to “review the information and decide what we were going to do,” when review could have been conducted by the side of the suspect’s auto, impermissibly expanded scope of an investigatory stop without justification.
SCI Propane, LLC v. Frederick, No. 55A04-1211-PL-586, __ N.E.3d __ (Ind. Ct. App., Aug. 13, 2014).
Defendants can recover attorney fees under the General Wrongful Death Statute.