that the trial court abused its discretion by admitting evidence concerning the faked left syndrome: III. Sudden Emergency Instruction The next issue is whether the trial court abused its discretion by instructing the jury regarding sudden emergency. First, we note that Indiana Appellate Rule 46(A)(8)(e) provides: “When error is predicated on the giving or refusing of any instruction, the instruction shall be set out verbatim in the argument section of the brief with the verbatim objections, if any, made thereto.” The Estate did not set out the instruction or its objections verbatim in the argument section of its appellants’ brief. Ordinarily, an appellant waives the issue by failing to comply with this appellate rule. See, e.g., Collins v. State, 509 N.E.2d 827, 831 (Ind.1987) (<HOLDING>). Waiver notwithstanding, we note that the
holding that the defendants failure to comply with ind evidence rule 412b precluded her from presenting evidence of the victims past sexual history and resulted in waiver of the issue on appeal holding that an issue is waived where the defendant failed to develop an argument in his appellate brief and cited no authority holding that the petitioners failure to address an issue in the argument portion of his opening brief waived the issue holding issues not raised in appellate brief are waived holding under the prior appellate rule that the defendant waived the issue by failure to comply with ind appellate rule 83a7 which required a verbatim copy of the refused instruction and the verbatim objections thereto if any in the argument section of the brief