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...
Does the falling asleep of a juror or judge during trial means that you did not get a fair trial?
Question: Does the falling asleep of a juror or judge during trial means that you did not get a fair trial? Answer: Control and management of the jury are matters generally committed to the trial cour...
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...
Does A Gun Owner Have Liability When Gun Is Stolen
Question: Does A Gun Owner Have Liability When Gun Is Stolen & Is Used In A Crime? Answer: Pursuant to I.C. §34-30-20-1, a person is immune from civil liability based on an act or omission relate...
Can You Overturn A Default Judgement After Failing To Answer
Question: Can You Overturn A Default Judgement After Failing To Answer A Complaint? Answer: Yes, When There Is A Showing Of Excusable Neglect. See Below. Matthew Joseph accidentally discharged a...
Party Invite Error During Trial
Question: Can A Party Invite Error During Trial And Then Appeal Based Upon That Error? Answer: No, A Party Cannot Complain If They Invited Error. See Below. In 2014, Dawn Manning was stopped at a st...
Is It Judicial Misconduct To Hear A Case Involving A Close Friend?
Question: Is It Judicial Misconduct To Hear A Case Involving A Close Friend? Answer: Yes, Since The Judge Must Recuse Themselves In Such Cases. The Indiana Supreme Court found that Respondent, the Hon...