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Friday, October 26, 2007

Ind. Decisions - Court grants two transfers this week

The formal transfer list will follow later today, but two cases have been granted transfer this week:

HomeQ Servicing Corp. v. Bradley Baker - see April 13th ILB entry on COA ruling here (3rd case): "Pro se appellees lose in mortgage servicing company appeal - pro se's lack of knowlege of procedure at the trial and appeals level played a significant role in this case."

Larry Walden v. State - This is a May 10, 2007 NFP COA opinion. One of the isues in the case:

Walden first contends that the trial court abused its discretion by allowing expert witnesses to testify as to which person was driving the pickup truck based upon their knowledge of accident reconstruction. Walden contends that the witnesses’ testimony amounted to common knowledge and experience of ordinary persons, and therefore should not have been allowed as expert testimony.
The Court's conclusion:
We conclude that the trial court did not abuse its discretion in admitting expert testimony about who was driving the vehicle, or in rejecting Walden’s proposed jury instruction. There was sufficient evidence to support the jury’s conclusion that Walden had a prior conviction for operating a vehicle while intoxicated, and Walden’s aggregate sentence of fifty years is not inappropriate in light of the nature of the offense and character of the offender. Affirmed.

Posted by Marcia Oddi on October 26, 2007 08:04 AM
Posted to Indiana Transfer Lists