Tuesday, March 11, 2014
Ind. Decisions - Court of Appeals issues 2 today (and 7 NFP)
For publication opinions today (2):
In Michael E. Hitchens v. Collection Specialists, Inc., a 10-page opinion, Judge Pyle writes:
Michael E. Hitchens (“Hitchens”) appeals the small claims court’s judgment in favor of Collection Specialists, Inc. (“Collection Specialists”) concerning a bill for dental work. We affirm.In Robert E. Hicks v. State of Indiana , a 13-page opinion, Judge Mathias writes:
ISSUE. Whether the small claims court denied Hitchens the due process of law when it admitted a letter containing hearsay into evidence. * * *
[In Matusky] we wrote that the effect of re-writing the Small Claims Rules to provide that a judgment could not be based exclusively on hearsay evidence would “impose technical rules upon largely untrained litigants[,] completely thwarting the express purpose of providing an uncomplicated and simple method of resolution of issues in order to dispense speedy justice between the parties.” Id.For the same reasons, we decline to impose such technical rules here, and we conclude that the trial court did not deny Hitchens due process.
Following a jury trial, Robert E. Hicks (“Hicks”) was convicted in Vanderburgh Circuit Court of murder and sentenced to fifty-five years in the Indiana Department of Correction. Hicks appeals and claims that the trial court abused its discretion by admitting into evidence recorded statements made by Hicks to the police in which he admitted to killing the victim. We affirm. * * *NFP civil opinions today (4):
The trial court did not have to credit Hicks’s testimony that he requested the assistance of counsel prior to waiving his Miranda rights. And even if Hicks was in custody during the interrogations, by the time of his second interview, which was a day after his first interviews, he was advised of, and waived, his Miranda rights. Because Hicks did not confess prior to being read his Miranda rights, Seibert is inapplicable. Therefore, we conclude that the trial court did not abuse its discretion in admitting into evidence the two recorded statements Hicks made to the police after he had been advised of, and waived, his Miranda rights.
NFP criminal opinions today (3):
Posted by Marcia Oddi on March 11, 2014 01:09 PM
Posted to Ind. App.Ct. Decisions