Failure to stop at a red light due to inadvertence or an error in judgment, without more, does not constitute recklessness.
N. Vaidik
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.
Hayworth v. State, No. 07A01-0804-CR-197, __ N.E.2d __ (Ind. Ct. App., Apr. 20, 2009)
Continuing objection procedure requires counsel to remain silent during the subsequent admission of the class of evidence subject to the objection. Search warrant affidavit did not establish probable cause due to insufficient corroboration of informant’s statements. Affiant detective’s misleading statements amounted to deliberate, reckless, or grossly negligent conduct which “good faith” doctrine would not excuse to save the search.
Hape v. State, No. 63A01-0804-CR-175, __ N.E.2D __ (Ind. Ct. App., Mar. 31, 2009)
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.
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.