DNA evidence is not sufficiently relevant to be admissible when the defendant “could not be excluded from a possibly infinite number of people matching the crime-scene DNA and the DNA expert cannot offer a statistical probability whether the crime scene DNA came from the defendant.”
M. May
Jones v. State, No. 32A04-1004-CR-309, __ N.E.2d __ (Ind. Ct. App., Dec. 27, 2010)
Reverses order for $1322.60 jury fee, as statute authorizes no more than $2 as a jury fee. Remands for ability to pay determination as required by statute for order requiring payment of $4527 appointed counsel fee and $164 docket fee.
Konopasek v. State, No. 25A03-1003-CR-155, __N.E.2d __ (Ind. Ct. App., Sept. 30, 2010)
“[D]efendant’s acknowledgement he is on probation, without more,” does not “’open the door’ to extensive and potentially-damaging character evidence about the nature of his prior offenses or the length of his prior sentences.”
Hematology-Oncology of Indiana v. Fruits, No. 49A05-0910-CV-556, ___ N.E.2d ___ (Ind. Ct. App., Aug. 18, 2010)
Attorney fees, costs, and expenses are recoverable damages under the Wrongful Death Act and the Adult Wrongful Death Act. NOTE: This opinion conflicts with McCabe v. Commissioner, Ind. Dep’t of Ins., reported in the July 23, 2010 issue of Case Clips.
Edwards v. State, No. 49A02-0911-CR-1093, __ N.E.2d __ (Ind. Ct. App., July 13, 2010)
Witnesses who testify that the defendant was not present at the scene, as opposed to affirmatively testifying he was at a different place, are not alibi witnesses for whom an alibi notice is required.