Minor sex-abuse victim properly authenticated Facebook message from defendant to her; she was familiar with appearance of defendant’s Facebook page and had previously communicated with him through Facebook messages.
M. May
Cleveland Range, LLC v. Lincoln Fort Wayne Assoc., LLC, No. 02A05-1503-PL-96, __ N.E.3d __ (Ind. Ct. App., Sept. 4, 2015).
T.R. 27 petition to depose witnesses before the initiation of litigation was within the trial court’s discretion, as there was evidence supporting expectations it might be a party to a suit, it seeks to preserve specifically identified facts probative to a key issue, and declining to permit the depositions could result in a failure or delay of justice based on the age of the witnesses.
Wharton v. State, No. 49A02-1502-CR-85, ___ N.E.3d ___ (Ind. Ct. App., Aug. 26, 2015).
“Open plea” of guilty to multiple OWI charges did not waive defendant’s double-jeopardy challenge to those convictions.
Steele v. State, No. 49A02-1408-CR-585, ___ N.E.3d ___ (Ind. Ct. App., Aug. 18, 2015).
Domestic-battery victim’s hearsay statement to forensic nurse examiner was admissible as statement for medical diagnosis or treatment. Sentencing order properly “merged” multiple counts, without entering conviction on them, to avoid double-jeopardy violation.
Rodgers v. State, No. 20A03-1412-CR-438, ___ N.E.3d ___ (Ind. Ct. App., Aug. 7, 2015).
Court could not order defendant to participate in victim-offender reconciliation program (VORP) without his agreement.