Failure to call experts wasn’t deficient, COA rules
A man whose attorney failed to call two key experts in his child molesting trial failed to convince the Court of Appeals of Indiana that his attorney performed deficiently.
expert witness
Articles
Use of experts more prevalent than ever as attorneys look for edge in cases: As use increases, so do costs
The number of expert witnesses and companies that provide those experts has grown by leaps and bounds in recent years, as attorneys look to cover their bases and bring the best case for their clients.
Medical resident qualifies as expert, COA affirms in upholding involuntary commitment
A hospital psychiatry resident had enough training, experience and interactions with a mentally ill woman to be considered an expert when she testified at the woman’s commitment hearing, the Court of Appeals of Indiana affirmed Tuesday.
7th Circuit affirms convictions, sentencing for Indianapolis meth traffickers
A trio of men linked to an Indianapolis drug trafficking ring failed to sway the 7th Circuit Court of Appeals, as the appellate court affirmed Monday a lower court’s convictions and sentencing on methamphetamine distribution-related charges.
COA affirms photo, expert testimony in slip-and-fall case but reverses $4M verdict
A trial court did not abuse its discretion in admitting photographic evidence and expert testimony in a case involving a woman who slipped on ice in a Menards parking lot. But the Court of Appeals reversed a multimillion-dollar verdict.
Split COA affirms that Army vet can’t call psychologist to testify about PTSD in murder case
A U.S. Army combat veteran who was stationed at Fort Hood, Texas, on the day of the 2009 mass shooting cannot call a psychologist to testify about his post-traumatic stress disorder in his murder trial, the Court of Appeals of Indiana has ruled.
Teen who got life sentence for murdering younger brother didn’t receive ineffective assistance, IN Supreme Court rules
A man sentenced to life in prison after he was convicted of killing his younger brother as a teenager did not receive ineffective assistance of counsel during sentencing, Indiana Supreme Court justices concluded Wednesday.
Murder case against former trooper Camm spotlighted in examination of expert testimony
Former Indiana State Police trooper David Camm, who was exonerated in 2013 after being convicted twice and serving more than 10 years in state prison for the murder of his family, is featured in a new podcast looking at the use of experts in criminal trials.
COA: Lack of ‘breaking’ evidence in liquor store burglary leads to reversal
Evidence was sufficient to identify a Huntington man as the perpetrator of a liquor store robbery, but there wasn’t enough proof to sustain his conviction for breaking and entering in the same crime, the Indiana Court of Appeals ruled in a Monday reversal.
Cunningham: Best practices for utilizing an expert at mediation
Because trial attorneys will spend more time in mediations than jury trials, attorneys’ advocacy skills at mediation are a very important element to achieving successful results for their clients. Another important component, however, relates to the comprehensive evaluation of the case’s economic damages leading up to mediation.
Court proceedings in killing of Indiana girl, 6, remain open
Court proceedings involving a 14-year-old boy charged in the asphyxiation death of a 6-year-old northern Indiana girl will remain open to the public, a magistrate has ruled.
Defense begins case in ex-cop’s trial over Floyd’s death
Former Officer Derek Chauvin’s lawyer suggested Tuesday that George Floyd may have suffered from “excited delirium” — or what a witness described as a potentially lethal state of agitation and even superhuman strength that can be triggered by drug use, heart disease or mental problems.
Expert witness: George Floyd died from lack of oxygen
George Floyd died from a lack of oxygen, which damaged his brain and caused his heart to stop, a medical expert testified Thursday at former Minneapolis police Officer Derek Chauvin’s murder trial.
Former officer’s trial in George Floyd’s death gets underway
A former Minneapolis police officer goes on trial Monday in George Floyd’s death, and jurors may not wait long to see parts of the bystander video that caught Derek Chauvin’s knee on Floyd’s neck, sparking waves of outrage and activism across the U.S. and beyond.
Justices: Drug test results properly admitted in parental rights termination hearing
A couple’s argument that their drug test results amounted to hearsay and should not have been admitted in court failed to convince the Indiana Supreme Court, which found the drug test reports were admissible under the records of a regularly conducted business activity exception.
Man loses 7th Circuit appeal of drug-related firearm conviction
A federal appeals court has upheld the conviction of a man who was arrested after federal authorities set up a controlled drug purchase.
7th Circuit remands for new disability benefits hearing
A man with chronic neck and back pain who was denied disability benefits will receive a new hearing, the 7th Circuit Court of Appeals ruled in a Friday remand. The appellate court found a vocational expert’s testimony regarding potential job options was “entirely unilluminating.”
DTCI: Avoiding Trial By Ambush
This article looks at the practice of disclosing treating physicians as experts and the law underlying the reasons that treating physicians and their opinions should be disclosed in the course of discovery.
3-2 Supreme Court reverses, finds covered bridge arsonist insane
A man who confessed to burning down two Indiana covered bridges has had his guilty but mentally ill verdict reversed by a divided Indiana Supreme Court. The 3-2 majority cited unanimous expert opinion that the defendant is legally insane in overturning a jury’s conclusion.
Father’s molesting convictions once again affirmed in long-running appeal
An Indiana man who has been appealing for 10 years his convictions of molesting his daughter won no relief at the 7th Circuit Court of Appeals, which ruled Thursday that errors in his trial “did not produce a significant likelihood an innocent person was convicted.”