Question: What is an “Excited Utterance” as it relates to the hearsay rule? Answer: Hearsay is defined as an out-of-court statement offered in court to prove the truth of the matter assert...
Are lie detector test results admissible in court?
Question: In the State of Indiana, are lie detector test results admissible in court? Answer: The Indiana courts has often found that evidence of a polygraph examination is not admissible in evidence,...
How do you prove a “false arrest”?
Question: How do you prove a “false arrest”? Answer: A false arrest requires absence of probable cause. Indiana Code section 35–33–1–1 provides: (a) A law enforcement officer may arr...
Can the exhibits that are admitted during a trial by the judge go back to the jury room to be reviewed by the jurors?
Question: Can the exhibits that are admitted during a trial by the judge go back to the jury room to be reviewed by the jurors? Answer: Yes. The trial court should consider three factors in deciding w...
Can a witness give an opinion as to the speed of a vehicle
Question: Can a witness give an opinion as to the speed of a vehicle simply based upon the sound the vehicle was making? Answer: Estimates of the speed of a motor vehicle are not matters which are the...
Is It A Crime To Allow A Child To Get A Tattoo
Question: Is It A Crime To Allow A 10-year-old Child To Get A Tattoo In The State Of Indiana? Answer: Yes. See below. In Ohio, a mom who is 34 years old was arrested for taking and watching her 10...
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. In 2015, Brian Wynne began work on a h...
Can Xboxes Become Contraband?
Question: Can Xboxes Become Contraband? Answer: Yes, If You Are In Prison. See Below. Yisrayl is an offender incarcerated in Michigan City. In June 2016, Yisrayl began a 90 day probationary period a...
Motorist Not Wearing Their Seat Belt At The Time Of An Auto Accident.
Question: Is Evidence Of A Motorist Not Wearing Their Seat Belt At The Time Of An Auto Accident Admissible To Prove Contributory Negligence? Answer: No, The Violation Of The Seatbelt Act May Not Be ...
When Does The “Incredible Dubiosity Rule” Apply.
Question: When Does The “Incredible Dubiosity Rule” Apply To A Criminal Conviction? Answer: There must be: 1) a sole testifying witness; 2) testimony that is inherently contradictory, equivocal,...