Question: Can you sue a state in federal court for its violation of your constitutional rights? Answer: Not unless the state waives its immunity under the 11th Amendment. The 8th Amendment, which appl...
Does A Strip Search Violate a defendant’s 4th Amendment Rights?
Question: Does A Strip Search Violate a defendant’s 4th Amendment Rights? Answer: Not if A Lawful Arrest Has Been Made As Long As The Search Is Not Extreme or patently abusive. Indiana and federal c...
Can Officer Lie To Gain Entry Into Your Home?
Question: Can Officer Lie To Gain Entry Into Your Home? Answer: No! Under the 4th Amendment, searches and seizures inside a home without a warrant are presumptively unreasonable. Physical entry of the...
Can A Juror Be Replaced Once Deliberations Have Begun?
Question: Can A Juror Be Replaced Once Deliberations Have Begun? Answer: Yes, But Only In Extreme Cases. Trial Rule 47 provides: “Alternate jurors … shall replace jurors who, prior to the time the...
Are you allowed as a juror to investigate a collision on your own outside of the evidence presented at trial?
Question: Are you allowed as a juror to investigate a collision on your own outside of the evidence presented at trial? Answer: No, the instructions you receive as a juror include the following: You h...
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 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...
How do you prove the contents of a prescription drug at trial without getting a “hearsay” objection?
Question: How do you prove the contents of a prescription drug at trial without getting a “hearsay” objection? Answer: Indiana courts allow the submission of the label as a “hearsay” exception...
Can an expert and/or lay witness testify that another witness is or is not telling the truth during the course of a trial?
Question: Can an expert and/or lay witness testify that another witness is or is not telling the truth during the course of a trial? Answer: No, see below. As a general rule, a party may not present a...