A reference made during a trial to “pleading the Fifth” is not an admission of a crime and alone is not grounds for a mistrial.
Appeals
Sowers v. State, No. 08A02-1208-CR-640, __ N.E.2d __ (Ind. Ct. App., May 16, 2013)
In this case, improper communication between bailiff and foreperson was fundamental error.
Moryl v. Ransone, No. 46A04-1112-CT-710, __ N.E.2d __ (Ind. Ct. App., May 9, 2013).
A proposed medical malpractice complaint is not considered filed when a copy of the proposed complaint is delivered to a third-party carrier.
Steen v. State, No. 49A02-1211-CR-877, __ N.E.2d __ (Ind. Ct. App., May 2, 2013).
Printing of store’s name “H & M” on security tags and store labels was not hearsay under Evidence Rule 801(c) because it was “not capable of being true or not true.”
Lovold v. Ellis, No. 54A01-1209-DR-410, __ N.E.2d __ (Ind. Ct. App., Apr. 26, 2013).
Living expenses for a child living on campus should not be included in the child support order when the child has repudiated the parent and the parent is not required to contribute to the child’s post-secondary education.