Defense counsel’s representation of key prosecution witness on unrelated pending charges created a prima facie case of actual conflict and resulted in counsel’s failure to cross-examine the witness on the charges, resulting in ineffective assistance.
T. Crone
Smith v. Wrigley, No. 33A04-0912-CV-727, __ N.E.2d __ (Ind. Ct. App., Apr. 14, 2010)
Statutory requirement that inmate pay civil filing fees due to prior frivolous civil case dismissals does not violate Indiana Constitution Open Courts Clause.
White-Rodgers v. Kindle, No. 55A05-0906-CV-00308, __ N.E.2d __ (Ind. Ct. App., Apr. 14, 2010)
Discovery of materials produced by non-testifying experts in a settled case was available only under “exceptional circumstances” as provided in Trial Rule 26(B)(4)(b).
Morris v. State, No. 02A03-0905-CR-210 , __ N.E.2d __ (Ind. Ct. App., Feb. 9, 2010)
Reviews instructing on conversion as a lesser included offense of theft.
Henderson v. Henderson, No. 30A04-0907-CV-387, ___ N.E.2d ___ (Ind. Ct. App., Jan. 21, 2010)
Trial court erred in finding indirect contempt without following the required indirect contempt procedures; trial court also erred in failing to consider evidence at the final hearing on the petition for dissolution of marriage.