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).
T. Crone
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.
Bingley v. Bingley, No. 02A03-0904-CV-187, ___ N.E.2d ___ (Ind. Ct. App. Oct. 30, 2009)
Husband’s employer-paid post-retirement health insurance premiums were not a marital asset subject to division, because they were purely supplemental, meaning that they were not obtained using marital assets, and were non-elective and not subject to divestiture, division, or transfer.
Garcia-Torres v. State, No. 64A03-0812-CR-630, __ N.E.2d__ (Ind. Ct. App., Sept. 30, 2009)
DNA cheek swab may be taken without a warrant based on reasonable suspicion; Pirtle counsel right for a valid consent to search by a person in custody does not apply to consenting to taking of a cheek swab.