No blanket rule prevents a nurse as acting as an expert witness. Nurse practitioner could testify that, in his expert opinion, plaintiff’s injuries were consistent with injuries from an automobile accident.
P. Mathias
Phipps v. State, No. 28A05-1609-CR-2097, __ N.E.3d __ (Ind. Ct. App., May 10, 2017).
To convict a person of violating a protective order, State must prove that communication with a third party was intended to be communicated to the protected party.
Hanks v. State, No. 10A01-1604-PC-690, __ N.E.3d __ (Ind. Ct. App., March 15, 2017).
Even though defendant could not prove ineffective assistance of counsel after entering an open plea agreement and receiving a fifty-year sentence, the post-conviction court must hear evidence and determine if the plea was knowing, intelligent, and voluntary.
Jones v. State, No. 49A05-1606-CR-1433, __ N.E.3d __ (Ind. Ct. App., March 2, 2017).
At probation revocation hearing, trial court is not required to ask a defendant if he wants to make a statement, but must allow one to be made if requested.
Sams v. State, No. 67A01-1604-CR-814, __ N.E.3d __ (Ind. Ct. App., Feb. 21, 2017).
Where an item searched would not have been the target of a well-regulated inventory search, and would not have been searched at all but for the criminal suspicions of the searching officer, the search is pretextual and unreasonable and an item discovered is inadmissible.