In a defamation action, plaintiff can overcome defendant’s claim of qualified privilege by showing that defendant made the statement without belief or grounds for belief in its truth; the proper standard for determining grounds for belief in truth is not reckless disregard; the absence of any discernable basis for the truth of the matter can, however, serve as circumstantial evidence of a reporting citizen’s actual knowledge of falsity.
Supreme
Myers v. Leedy, No. 85S02-0808-CV-478, ___ N.E.2d ___ (Ind. Oct. 15, 2009)
If, at the time of filing suit for forfeiture, a land contract vendor knows, or upon reasonable diligence should have known, that a tenant is in possession of the property, the tenant’s leasehold interest survives the forfeiture action unless the tenant is made a party to the forfeiture litigation.
Pendergrass v. State, No. 71S03-0808-CR-00445, __ N.E.2d __ (Ind., Sept. 24, 2009).
Admission of DNA test results without testimony of technician who performed DNA test procedures but with testimony of lab supervisor who reviewed the specific results and of expert who prepared paternity analysis satisfied defendant’s federal Crawford Confrontation Clause right.
Rovai v. Rovai, No. 45S03-0812-CV-00628, ___ N.E.2d ___ (Ind.. Sept. 2, 2009)
Dissolution statutes authorize (but do not require) a court to assess interest in the course of fashioning a just division of assets.
Alvey v. State, No. 82S01-0902-CR-66, __ N.E.2d __ (Ind., Aug. 24, 2009)
A defendant whose motion to suppress is denied cannot plead guilty and then appeal the denial of his motion, even if his plea agreement provides for it.