Trial court properly excluded testimony from two witnesses about prior inconsistent statements made by a witness who had testified earlier.
M. Barnes
Gonzalez v. Evans, No. 29A02-1311-DR-984. , __ N.E.3d __ (Ind. Ct. App., Aug. 19, 2014).
Trial Rule 34(C)(3) permits non-parties to recover attorney fees associated with complying with a subpoena or other discovery request, but that refusing to comply with a discovery request solely on the basis that the parties cannot agree on an appropriate amount to pay does not constitute reasonable resistance to a discovery request.
Willis v. State, No. 49A02-1310-CR-854, __ N.E.3d __ (Ind. Ct. App., July 11, 2014).
Affirms criminal trespass conviction based on evidence defendant was seen running near the scene of the alleged crime not long after a security alarm was activated and voices and noises were heard inside the premises.
Washmuth v. Wiles, No. 48A04-1310-SC-515, __ N.E.3d __ (Ind. Ct. App., June 26, 2014).
The date a tenant provides a forwarding address to the landlord triggers the 45-day period the landlord has to deliver the itemized damages to the tenant.
Moore v. Moore, 49A04-1310-DR-499, __ N.E.3d __ (Ind. Ct. App., June 13, 2014).
Trial court should have granted defendant’s counsel request for a contempt hearing even though the trial court suspended the sentence and indicated it would reconsider the issue of appointing counsel prior to the compliance hearing.