Trial court properly admitted text messages into evidence.
Appeals
Williams v. State, No. 67A01-1302-CR-87, __ N.E.2d __ (Ind. Ct. App., Nov. 13, 2013).
Evidence of numerous acts of defendant’s sexual intercourse with his daughter left “no reasonable possibility” that the jury relied upon the same acts in finding defendant guilty of incest and child molesting, so that Indiana double jeopardy protection did not prohibit convictions for both offenses.
Cross v. State, No. 73A01-1303-CR-134, __ N.E.2d __ (Ind. Ct. App., Nov. 6, 2013).
Rejects argument that punishment under current cocaine A felonies is disproportionate because penal code revisions effective July 1, 2014 reflect General Assembly determination of disproportionality.
Boyd v. WHTIV, Inc., No. 49A05-1303-PL-107, __ N.E.2d __ (Ind. Ct. App., Nov. 5, 2013).
The three-day extension of time provided by Trial Rule 6(E) applies to summary judgment proceedings.
Lane v. State, No. 82A05-1212-CR-640, __ N.E.2d __ (Ind. Ct. App., Oct. 25, 2013).
Evidence which is “testimonial” under the Crawford Sixth Amendment Confrontation Clause analysis is admissible under the “open the door” principle, but only as long as the waiver of confrontation entailed in “opening the door” is “clear and intentional.”