Question: Is it “Judicial Misconduct” to hear a case Involving a close friend? Answer: Yes, since a Judge must recuse themselves in such cases. A Judge failed to recuse and instead acted to secure...
Are Recorded Jail Telephone Calls Admissible Into Evidence?
Question: Are Recorded Jail Telephone Calls Admissible Into Evidence? Answer: Yes, When Consent To The Recording Is Given By Either The Sender Or The Receiver. Does a trial court abuse its discretion ...
Do Attorneys Need To Watch What They Say To Opposing Counsel and their clients?
Question: Do Attorneys Need To Watch What They Say To Opposing Counsel and their clients? Answer: Absolutely, or be subjected to discipline! An attorney sent a letter to opposing counsel for the child...
Can fans injured by foul baseballs at a baseball game sue for their injuries?
Question: Can fans injured by foul baseballs at a baseball game sue for their injuries? Answer: No. In our society, foul balls are known by fans to be a potentially dangerous souvenir. The Indiana Cou...
Can you ignore a claim filed against you?
Issue: Can you ignore a claim filed against you? Answer: No. Attorney Mark Schocke represented our client at a damages hearing on March 3, 2021, at which time both Dawson and Keep It Moving appeared b...
Are the police allowed a warrant-less entry of a hotel room of an unregistered guest?
Question: Are the police allowed a warrant-less entry of a hotel room of an unregistered guest? Answer: Yes. It is well established that a defendant must have a legitimate expectation of privacy in th...
$4,000,000.00 Verdict
On August 13, 2021, my associate Mark Schocke and I were successful in obtaining a $4,000,000.00 verdict against the Indiana State Police and State of Indiana. The offer prior to trial was $10,000.00 ...
Can a 911 call get around the Hearsay Rule?
Question: Can a 911 call get around the Hearsay Rule? Answer: Yes, when it is an excited utterance. Hearsay is an out-of-court statement offered to prove the truth of the matter asserted and is inadmi...
What is “dram shop” liability?
Question: What is “dram shop” liability? Answer: Liability that arises from serving alcohol to visibly intoxicated people. The Dram Shop Act represents a legislative judgment that providers of alc...
What is “imputed knowledge”?
Question: What is “imputed knowledge”? Answer: Knowledge of agent is imputed to principle. Imputed knowledge is a tenet of agency law, and is based upon an underlying legal fiction of agency—the...