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Wednesday, September 09, 2015

Ind. Decisions - Court of Appeals issues 2 opinion(s) today (and 5 NFP memorandum decisions)

For publication opinions today (2):

In Kolby O'Banion, Taylor O'Banion, Tim O'Banion, and Kelly O'Banion, et al. v. Ford Motor Company, a 23-page opinion, Judge Barnes writes:

Kolby, Taylor, Tim, and Kelly O’Banion (“the O’Banions”), Michael Roush as Executor of the Estate of Karen Roush (“the Estate”), and Indiana Farm Bureau Insurance Company (“Farm Bureau”) (collectively “the Appellants”) appeal the trial court’s grant of summary judgment in favor of Ford Motor Company (“Ford”). We reverse and remand. * * *

As background information, it is necessary to understand a car’s throttle assembly. * * *

The trial court erred in excluding the testimony of Zedonis, either as a question of admissibility under Evidence Rule 702 or as a sanction for a purported discovery violation. Because Zedonis’s testimony was erroneously excluded, Berg’s testimony was as well. With Zedonis’s and Berg’s testimony, it is clear that Ford is not entitled to summary judgment. We reverse and remand for further proceedings consistent with this opinion.

In Melvin C. Hamilton v. State of Indiana, a 12-page opinion, Judge Barnes writes:
Melvin Hamilton appeals his convictions for three counts of Class A felony child molesting. We reverse and remand. * * *

The trial court committed reversible error in admitting Elfreich’s [ILB - "Molly Elfreich, a trained forensic interviewer"] testimony regarding whether D.P. or A.S. had been coached. However, Detective Fortune’s statements during his interview with Hamilton did not constitute improper vouching. We reverse Hamilton’s convictions and remand for retrial consistent with this opinion.

The sole restated issue before us is whether the trial court properly allowed witnesses for the State to vouch for the credibility of the alleged victims.

NFP civil decisions today (2):

John Lind v. Nancy Lind (mem. dec.)

Bryan Paul Whitlatch v. Priscilla Marie Wolfe (mem. dec.)

NFP criminal decisions today (3):

Kasey Hutchings v. State of Indiana (mem. dec.)

Robert E. Ellett v. State of Indiana (mem. dec.)

Xiomara Kyle v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on September 9, 2015 09:51 AM
Posted to Ind. App.Ct. Decisions