When there was no evidence defense discovery of exculpatory witnesses the weekend before trial was in bad faith, and prejudice to State from a continuance was minimal, trial court reversibly erred in denying a continuance and applying instead a hard deadline for the witness list to exclude the witnesses.
N. Vaidik
Caruthers v. State, No. 46A05-0810-CR-623, __ N.E.2d __ (Ind. Ct. App., July 15, 2009)
When jurors told bailiff during trial that defendant or his family had intimidated them, it was fundamental error for trial court not to examine jurors to determine what they had been exposed to and whether they could remain impartial.
Dowell v. State, No. 32A01-0810-PC-508, __ N.E.2D __ (Ind. Ct. App., June 30, 2009)
Applies “prison mailbox rule” to P-C.R. 1 proceedings.
State v. Boadi, No. 64A05-0807-CR-420, __ N.E.2d __ (Ind. Ct. App., May 13, 2009)
Failure to stop at a red light due to inadvertence or an error in judgment, without more, does not constitute recklessness.
Travelers Indemn. Co. v. Jarrells, No. 29A02-0807-CV-669, ___ N.E.2d ___ (Ind. Ct. App., May 21, 2009)
Travelers Indem. Co. v. Jarrells (Ind. Ct. App., Darden, J.) – Although (or because) trial court instructed the jury that, in determining its verdict, it must consider evidence of worker’s compensation payments, employer’s insurance carrier is entitled to reimbursement from the judgment for the worker’s compensation it paid on the injured employee’s behalf.