Use in State’s case-in-chief of defendant’s post-arrest, pre-Miranda silence violated the Doyle v. Ohio rule against using defendant’s post-Miranda silence against him.
M. Bailey
H.S. v. K.M.C., No. 62A01-0910-CV-493, __ N.E.2d __ (Ind. Ct. App., Mar. 11, 2010)
When there had never been any custody determination made, the Uniform Child Custody Jurisdiction Act did not apply to mother’s Indiana petition to get child born out of wedlock back from father who had taken the child to another state.
In re Committment of J.W.B., No. 20A03-0909-CV-418, ___ N.E.2d ___ (Ind. Ct. App., Feb. 17, 2010)
Trial court lacked authority to order that a civilly committed person not be transferred “without ten (10) days written notice to the court.”
Skinner v. State, No. 55A01-0811-CR-543, __ N.E.2d __ (Ind. Ct. App., Jan. 28, 2010)
Former defense counsel, who had withdrawn when another client, defendant’s jailmate, became a state’s witness, could not be compelled to disclose what he had learned from the prospective witness through the attorney-client relationship, particularly when there were adequate alternative sources of impeachment available to defendant.
Brown-Day v. Allstate Ins. Co., No. 49A02-0903-CV-277, ___ N.E.2d ___ (Ind. Ct. App. Oct. 29, 2009)
Insurance Company was the sole defendant, and neither Evidence Rule 411 nor the common law permits the substitution of a non-party to conceal its identity as an insurer.