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,...
Evidence Necessary To Prove Public Intoxication.
Question: What Evidence Is Necessary To Prove The Crime Of Public Intoxication In Indiana? Answer: Intoxication, Plus 1 Of 4 Other Elements Are Necessary To Prove This Crime After 2012. At approxima...
College Liability For Fraternity Hazing A Pledge.
Question: When Does The College Have Liability For Fraternity Hazing A Pledge? Answer: Liability Would Depend On Control, See Below. Plaintiff, Brian Yost, as an 18–year–old freshman at Wabash C...
What Does The Doctrine Of The Fruit Of The Poisonous Tree Do?
Question: What Does The Doctrine Of The Fruit Of The Poisonous Tree Do???? Answer: It Bars Evidence In A Criminal Proceeding Obtained From Unlawful Searches & Seizures. Two charges were made to ...
Results Of An Upcoming Lie Detector Test.
Question: In A Criminal Case, Can The State Of Indiana & A Suspect Agree That The Results Of An Upcoming Lie Detector Test Of the Suspect Will Be Admitted At Trial If Charges. Are Filed And The C...
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. A jury trial commenced in August 2013. About 2 hours after the jury began to deliberate, the ...
What Is “Fundamental Error” At Trial?
Question: What Is “Fundamental Error” At Trial? Answer: Errors That Are So Serious That To Ignore Them Would Constitute A Denial Of Due Process. Michael Torres had dated Tia Brady, who in Decemb...
Can You Say, “NO” To A Warrant Issued By A Judge?
Question: Can You Say, “NO” To A Warrant Issued By A Judge? Answer: You can if you want to be held in contempt of court! Officers stopped Defendant for operating a vehicle while intoxicated. Defen...
Can Officers Lie To Gain Entry Into Your Home Without Exigent/Urgent Circumstances?
Question: Can Officers Lie To Gain Entry Into Your Home Without Exigent/Urgent Circumstances? Answer: No! Defendant called the police to report a domestic dispute with her husband. Officer responded t...