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Case Clips

Published by the Indiana Office of Court Services

Appeals

White-Rodgers v. Kindle, No. 55A05-0906-CV-00308, __ N.E.2d __ (Ind. Ct. App., Apr. 14, 2010)

April 20, 2010 Filed Under: Civil Tagged With: Appeals, J. Baker, T. Crone

Discovery of materials produced by non-testifying experts in a settled case was available only under “exceptional circumstances” as provided in Trial Rule 26(B)(4)(b).

Nasser v. St. Vincents Hospital and Health Services, No. 49A02-0910-CV-955, __ N.E.2d__ (Ind. Ct. App., Apr. 14, 20010)

April 20, 2010 Filed Under: Civil Tagged With: Appeals, N. Vaidik

Medical causation opinion of nurse serving on medical review panel was not admissible as expert opinion under Evidence Rule 702 and thus could not be used in resolving summary judgment motion.

Howard Regional Health System v. Gordon, No. 34A02-0902-CV-179, __ N.E.2d __ (Ind. Ct. App., Apr. 16, 2010)

April 20, 2010 Filed Under: Civil Tagged With: Appeals, M. May

Claim for third-party spoliation of evidence against hospital was not subject to Medical Malpractice Act procedures.

Killebrew v. State, No. 49A05-0905-CR-246, __ N.E.2d __ (Ind. Ct. App., Apr. 6, 2010)

April 9, 2010 Filed Under: Criminal Tagged With: Appeals, M. Barnes, P. Mathias

Defendant established prosecutor’s neutral explanations for peremptory strike were pretextual and hence violated Batson rule when white jurors were not struck after giving answers the same as struck African-American’s and trial judge made no finding on prosecutor’s assertion about struck juror’s “emphatic” demeanor.

Akard v. State, No. 79A02-0904-CR-345, __ N.E.2d __ (Ind. Ct. App., Mar. 30, 2010)

April 1, 2010 Filed Under: Criminal Tagged With: Appeals, M. Bailey

Use in State’s case-in-chief of defendant’s post-arrest, pre-Miranda silence violated the Doyle v. Ohio rule against using defendant’s post-Miranda silence against him.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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