Juror who asked a witness a question during a recess should have been examined by the court and parties as provided in Jury Rule 24, but any error in not following the Rule was harmless in light of court’s remedy of having the witness recalled and posing the individual juror’s recess question to the witness in the presence of the entire jury during trial.
Appeals
Wright v. State, No. 49A04-0905-CR-259, __ N.E.2d __ (Ind. Ct. App., Nov. 10, 2009)
Dying stab victim’s response to question “who did this” from police officer trying to help staunch the wounds was not “testimonial” under Crawford doctrine and hence its admission did not violate defendant’s confrontation right.
Nunley v. State, No. 31A01-0902-CR-88, __ N.E.2d __ (Ind. Ct. App., Nov. 16, 2009)
Child’s statement did not have sufficient indicia of reliability to be admissible under the protected persons statute.
Davis v. State, No. 49A04-0907-CR-379, __ N.E.2d __ (Ind. Ct. App., Nov. 17, 2009)
When probationer admitted only his arrest for new offense but not of probable cause, and State did not present the probable cause affidavit or any other evidence of the new offense, revocation of probation violated probationer’s due process rights.
Koors v. Steffen, No. 57A03-0904-CV-167, __ N.E.2d __ (Ind. Ct. App., Nov. 6, 2009)
When contract provided for arbitration and also left a chance a lien could arise, the possibility the court would have to engage in foreclosure procedures depending on the arbitration outcome required the court to stay the litigation pending the arbitration, rather than dismissing the suit.