Company did not have a duty to the plaintiff when its employee fell asleep driving after his shift, crashing his car into the plaintiff.
E. Najam
Mack v. State, No. 39A-01-1401-CR-6, __ N.E.3d __ (Ind. Ct. App., Dec. 18, 2014).
“Among other things, we hold that, in light of the facts and circumstances of this case, a lapse of at least ‘a few minutes’ between a declarant’s perception of an event and his statement describing that event was too long to qualify the statement as a present sense impression under Indiana Evidence Rule 803(1).”
Smith v. State, No. 71A04-1312-CR-609, __ N.E.3d __ (Ind. Ct. App., Nov. 24, 2014).
When accomplice had given a sworn factual basis for her burglary guilty plea admitting that she broke into the building, her testimony under a grant of immunity at defendant’s trial that defendant was the one who had broken in, not her, amounted to reversible knowing use of perjured testimony by the State.
Hall v. State, No. 49A05-1312-CR-614, __ N.E.3d __ (Ind. Ct. App., Sept. 4, 2014).
Trial court erred in excluding phone call transcript containing information about alleged molesting victim’s apparent false accusation of nonconsensual sex with another individual; also holds trial court erred in not compelling a party to the phone call to answer deposition questions about the call.
Russell v. State, No. 84A01-1312-CR-532, __ N.E.3d __ (Ind. Ct. App., June 5, 2014).
When plea agreement mistakenly assumed that the crimes were part of a single episode and were thus subject to the statutory cap on consecutive sentences, the sentence imposed under the agreement was contrary to law and was reversed by the Court of Appeals sua sponte.