On September 22, 2022, Shambreka Hall was involved in a traffic collision with Dale Womack. Womack died as a result of the injuries that he sustained in the collision. An investigating officer observe...
What is the purpose of DOT regulations?
The purpose of the DOT regulations is “to reduce traffic accidents … by providing adequate illumination of the roadway, and by enhancing the conspicuity of motor vehicles on the public roads.â...
Evidence of post-accident investigation in truck accident case
Is evidence of post-accident investigation in truck accident case automatically excluded as subsequent remedial measures? Indiana Rule of Evidence 407 states that evidence of “measures that are take...
Can you sue a state in federal court for its violation of your constitutional rights?
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...