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.
Appeals
Howard Regional Health System v. Gordon, No. 34A02-0902-CV-179, __ N.E.2d __ (Ind. Ct. App., Apr. 16, 2010)
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)
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)
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.
Clarion Health Partners, Inc. v. Wagler, No. 49A02-0907-CV-598, __ N.E.2d __ (Ind. Ct. App., Mar. 31, 2010)
Determination by two malpractice panelists that it could not be determined whether defendant’s action caused harm was without any evidentiary import for summary judgment purposes, and as nurse practitioner’s affidavit submitted by plaintiff could not be considered for summary judgment, third panelist’s conclusion defendant negligently caused injury shifted burden to plaintiff to show a genuine issue on causation.