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Case Clips

Published by the Indiana Office of Court Services

Appeals

Chacon v. Jones-Schilds, No. 02A05-0808-CV-484, ___ N.E.2d ___ (Ind. Ct. App., Apr. 8, 2009)

April 9, 2009 Filed Under: Civil Tagged With: Appeals, J. Kirsch

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.

Booker v. State, No. 45A03-0806-CR-281, __ N.E.2d __ (Ind. Ct. App., Mar. 25, 2009)

April 3, 2009 Filed Under: Criminal Tagged With: Appeals, M. May

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)

April 3, 2009 Filed Under: Criminal Tagged With: Appeals, N. Vaidik

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)

March 27, 2009 Filed Under: Civil Tagged With: Appeals, C. Bradford, E. Friedlander, M. May

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)

March 20, 2009 Filed Under: Civil Tagged With: Appeals, E. Brown, T. Crone

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.

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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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