Question: Can a party invite error during jury deliberations relating to the removal of a juror and then appeal after the verdict does not go their way? Answer: No. At trial, a defendant argued that t...
What is “Contempt of Court”?
Question: What is “Contempt of Court”? Answer: It is disobedience of the court’s authority, justice and dignity. Contempt proceedings may be generally categorized as civil or crimina...
Are you allowed as a juror to stop and investigate the scene of a collision?
Question: Are you allowed as a juror to stop and investigate the scene of a collision? Answer: No, the instructions you receive as a juror include the following: You have been selected as jurors and h...
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 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...
Can A Prosecutor Withhold Evidence Known To Negate Guilt Of Accused At Trial?
Question: Can A Prosecutor Withhold Evidence Known To Negate Guilt Of Accused At Trial? Answer: No. See A Local Case Below. At relevant times, Respondent served as a deputy prosecuting attorney in P...
Can Benched Attorney Still Represent Clients?
Question: When You Have Been “Benched” As Attorney, Can You Still Represent Clients? Answer: No. Once Have Been Suspended, You Can No Longer Represent Clients. See Below. We find that Responde...
What Is A Doyle Violation?
Question: What Is A Doyle Violation In A Criminal Case? Answer: It Is When A Prosecution Witness Comments About The Defendant’s Silence After Being Given The Miranda Warning After Arrest During Te...