Defendant established prosecutor’s neutral explanations for peremptory strike were pretextual and hence violated Batson rule when white jurors were not struck after giving answers the same as struck African-American’s and trial judge made no finding on prosecutor’s assertion about struck juror’s “emphatic” demeanor.
M. Barnes
Palacios v. State, No. 29A02-0908-CR-750, __ N.E.2d __ (Ind. Ct. App., Jan. 26, 2010)
Daughter’s translation of her mother’s statements to investigating officer were admissible under the present sense impression hearsay exception.
Smither v. Asset Acceptance, LLC, No. 55A04-0902-CV-70, ___ N.E.2d ___ (Ind. Ct. App., Jan. 12, 2010)
(1) The six-year statute of limtitations on “[a]ctions on accounts and contracts not in writing,” governs credit card accounts; (2) because a credit card is akin to an open account, the statute of limitations begins to run from the date the account is due; (3) whether “the date the account is due” is the date of debtor’s last payment or the next due date, the credit card company in this case filed its lawsuit more than six years after both of those dates; (4) whether a credit card company can invoke an optional acceleration clause to delay the statute of limitations, the credit card company in this case did not properly invoke such a clause, because it did not take any affirmative action to notify the debtor of its intent to do so.
Vanderlinden v. State, No. 49A02-0905-CR-417, __ N.E.2d __ (Ind. Ct. App., Dec. 18, 2009)
Evidence defendant was speeding sufficed to prove the “endangerment” element of Class A misdemeanor operating while intoxicated.
Davidson v. State, No. 49A02-0904-CR-287, __ N.E.2d __ (Ind. Ct. App., Nov. 30, 2009)
Describes split in Court of Appeals cases as to whether suspended or other non-executed portions of a sentence count the same as incarceration portions of sentence in Appellate Rule 7(B) sentence appropriateness analysis.