Trial court did not abuse its discretion by excluding proposed evidence of the lack of a recording of an incident at a jail (and the corresponding negative inference therefrom), because the proponent of the evidence failed to comply with the court’s discovery and pretrial orders.
Appeals
Booker v. State, No. 45A03-0806-CR-281, __ N.E.2d __ (Ind. Ct. App., Mar. 25, 2009)
Providing defense with defendant’s inculpatory statement to officer would have been “right,” but the State’s failure to disclose was not a discovery violation, as discovery order did not include an unrecorded oral statement and State has no independent duty to provide defense with inculpatory evidence.
Hape v. State, No. 63A01-0804-CR-175, __ N.E.2D __ (Ind. Ct. App., Mar. 31, 2009)
Hape v. State (Ind. Ct. App., Vaidik, J.) – As text messages are intrinsic to the cell phones in which they are stored, messages played by jurors in deliberations on a phone admitted without objection as an exhibit could not be used to impeach the jury’s verdict. Text messages are subject to authentication separate from that offered for the phone they are on.
Deutsche Bank Nat'l Trust Co. v. Mark Dill Plumbing Co., No. 87A01-0807-CV-307, ___ N.E.2d ___ (Ind. Ct. App., Mar. 25, 2009)
Trial court did not err in denying mortgage owner’s request for a “strict foreclosure” where mortgage owner failed to make junior lienholders parties to the foreclosure action.
Attaway v. Omega, No. 11A01-0712-CV-608, ___ N.E.2d ___ (Ind. Ct. App., Mar. 13, 2009)
Trial court properly denied motion to dismiss for lack of personal jurisdiction, because defendants-eBay sellers purposefully availed themselves of the privilege of conducting activities within Indiana.