“Alternative Dispute Resolution Rule 2.11 and Indiana Evidence Rule 408 allow the introduction of mediation communications to establish traditional contract defenses.”
N. Vaidik
Otte v. State, No. 84A01-1108-CR-356, __ N.E.2d __ (Ind. Ct. App., May 17, 2012).
Rejects argument that expert’s testimony that victims of domestic violence often recant their stories was improper vouching in violation of Evidence Rule 704(b).
Westmoreland v. State, No. 49A04-1107-CR-356, __ N.E.2d __ (Ind. Ct. App., April 17, 2012).
Applies U.S. Supreme Court ruling that police may not pat down a vehicle passenger during a routine traffic stop unless they reasonably believe he is armed and dangerous.
Ceaser v. State, No. 49A02-1106-CR-580, __ N.E.2d __ (Ind. Ct. App., Mar. 26, 2012).
When a parent is asserting parental privilege, evidence of a prior conviction for battering the child at issue in a manner similar to the circumstance at issue is admissible as that evidence goes directly to the reasonableness of the force used and the reasonableness of that parent’s belief regarding the force used.
Key v. Hamilton, No. 48A02-1007-CT-81, ___ N.E.2d ___ (Ind. Ct. App., Feb. 28, 2012).
“[A] signaling driver may owe a duty of care to a third party motorist as a matter of law when his actions result in the reasonable reliance by the signaled driver that traffic is clear.”