2010 amendment of statute on required methods for blood draws to test for intoxication is remedial, so the amendment, as an evidence rule, applied to the method used to draw Boston’s blood in his OWI prosecution, when the amendment was enacted after the blood test but took effect prior to the trial.
C. Darden
State v. Velasquez, No. 53A05-1003-CR-194, __ N.E.2d __ (Ind. Ct. App., Feb. 22, 2011)
Trial court did not err by giving a preliminary instruction on State’s anticipated use of character evidence. Licensed social worker providing treatment to child victim properly could testify as to victim’s statements to her which the worker or another could rely on to give treatment, even though the worker said she did not make diagnoses. Statutory prohibition of licensed clinical social worker’s giving opinion testimony did not preclude worker’s being qualified as an expert or giving factual testimony.
Hoglund v. State, No. 90A02-1005-CR-591, __ N.E.2d __ (Ind. Ct. App., Feb. 22, 2011)
Rejects argument that caselaw has superseded Lawrence v. State’s holding permitting ” some accrediting of the child witness in the form of opinions from parents, teachers, and others having adequate experience with the child, that the child is not prone to exaggerate or fantasize about sexual matters.”
Beneficial Indiana, Inc. v. Joy Properties, LLC, No. 02A05-1005-PL-260, ___ N.E.2d ___ (Ind. Ct. App., Feb. 10, 2011)
A claimant other than one identified Ind. Code 6-1.1-24-7 may pursue disbursement of a tax sale surplus in the trial court, and that equity requires that the claimant with the more substantial interest in the real estate should be granted disbursement of the tax sale surplus.
Reeves v. State, No. 77A04-1005-CR-292, __ N.E.2d __ (Ind. Ct. App., Nov. 16, 2010)
Use of the crime concealment exception to the statute of limitations requires the State to allege in its charge facts which would establish concealment.