Hape v. State (Ind. Ct. App., Vaidik, J.) – As text messages are intrinsic to the cell phones in which they are stored, messages played by jurors in deliberations on a phone admitted without objection as an exhibit could not be used to impeach the jury’s verdict. Text messages are subject to authentication separate from that offered for the phone they are on.
N. Vaidik
In re N.E., No. 49A02-0806-JV-522, ___ N.E.2d ___ (Ind. Ct. App., Mar. 19, 2009)
Where DCS alleged Child to be a CHINS with respect to Mother, but not with respect to Father, Court of Appeals remanded the case for determination of whether Father is willing and able to appropriately parent Child.
Dunn v. State, No. 20A03-0807-CR-362, __N.E.2d __ (Ind. Ct. App., Feb. 18, 2009)
Statutory consecutive sentence limitations applicable only to felonies did not preclude sentence that three one year misdemeanors sentences be consecutive.
Lafayette v. State, No. 45A03-0803-CR-118, __ N.E.2d __ (Ind. Ct. App., Jan. 23, 2009)
In plurality opinion, concurring judge and dissenting judge take position that rape defendant puts his intent at issue for purposes of Evidence Rule 404(b) when he asserts sex was consensual; lead opinion takes contrary position.
Redmond v. State, No. 49A02-0808-CR-761, __ N.E.2d __ (Ind. Ct. App., Jan. 28, 2009)
365 day period in which to file a petition to modify sentence without prosecutor’s consent begins to run when sentence is imposed, even when sentence sought to be modified runs consecutive to another.