A party who has rendered a witness unavailable for cross-examination through a criminal act may not object to the introduction of hearsay statements by the witness on confrontation grounds.
Appeals
Miller v. Patel, No. 21A-CT-2500, __ N.E.3d __ (Ind. Ct. App., May 24, 2022).
Plaintiff did not have a full and fair opportunity to litigate the issue of his criminal responsibility in the criminal case because he entered a plea agreement. It would be otherwise unfair to apply collateral estoppel to preclude plaintiff from attempting to rebut the inference of his sanity established by his plea of guilty but mentally ill.
Mitchell v. State, No. 21A-CR-2722, __ N.E.3d __ (Ind. Ct. App., May 25, 2022).
To be convicted of battery by means of a deadly weapon, the statute requires only that the weapon is readily capable of causing serious bodily injury in the manner in which it was used, could be used, or was intended to be used; there is no requirement that the weapon caused such injury.
B.A. v. D.D., No. 22A-AD-147, __ N.E.3d __ (Ind. Ct. App., May 26, 2022).
Evidence that a man is not a child’s biological father, without more, is not dispositive of whether he is the child’s legal father or obviate the need for his consent to an adoption.
Carmouche v. State, No. 21A-CR-1666, __ N.E.3d __ (Ind. Ct. App., May 17, 2022).
Those charged with misdemeanors waive their right to a jury trial unless they affirmatively assert it, however, the waiver must be made in a knowing, intelligent, and voluntary manner.