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Thursday, April 12, 2012

Ind. Decisions - Court of Appeals issues 2 today (and 9 NFP)

For publication opinions today (2):

Jarrad L. Mastin v. State of Indiana - "Mastin has not demonstrated that the trial court’s evidentiary rulings denied him a fair trial. There is sufficient evidence from which the jury could conclude that Mastin committed child molesting by sexual intercourse. His ninety-year sentence is not inappropriate."

In John Morse, M.D. v. Jeffrey Wayne Davis, a 21-page opinion, Judge Najam concludes:

Dr. Morse has not shown that the trial court abused its discretion when it precluded testimony from Dr. Morse’s expert witnesses that they believed that Davis had not advised Dr. Morse that his mother had a history of colon cancer despite Davis’ testimony to the contrary. The purpose of that testimony would have been to impeach Davis’ credibility on a critical issue of fact, namely, whether he had told Dr. Morse about his mother’s colon cancer. A determination of Davis’ credibility was within the sole province of the jury, and the proffered testimony was prohibited under Evidence Rule 704(b). Likewise, Dr. Morse has not shown any abuse of discretion in the exclusion of Exhibit H or the testimony of Dr. Welch and Austin. Affirmed.
NFP civil opinions today (2):

H.V. and O.P. v. Indiana Department of Child Services (NFP)

Rodney W. Robinson v. Arthur Cashwell & Roxie Battle (NFP)

NFP criminal opinions today (7):

Robert E. Stanley v. State of Indiana (NFP)

Gary Anderson Proby v. State of Indiana (NFP)

Johnny Lee Gibson v. State of Indiana (NFP)

D.H. v. State of Indiana (NFP)

Jason Haste and Jamie R. Haste v. State of Indiana (NFP)

Joseph Adams v. State of Indiana (NFP)

David Paul Burns v. State of Indiana (NFP)

Posted by Marcia Oddi on April 12, 2012 01:40 PM
Posted to Ind. App.Ct. Decisions