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ASHBA v. STATE

No. 06A01-0310-CR-383.

816 N.E.2d 862 (2004)

Brian K. ASHBA, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

May 18, 2004.

Attorney(s) appearing for the Case

Deborah K. Smith, Thorntown, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Monika Prekopa Talbot, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

BAKER, Judge.

This is a case of first impression in Indiana, the question being what is the proper procedure for posing questions from the jury to a witness? Though beginning January 1, 2003, our Rules of Trial Procedure required trial judges to instruct jurors that they may seek to pose questions to witnesses, the proper procedure for conducting such questioning has not yet been addressed.

Brian K. Ashba appeals his conviction for Operating...

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