Akins v. State, No. 49A02-1412-CR-869, ___ N.E.3d ___ (Ind. Ct. App., July...
Restitution award was abuse of discretion; there was no evidence that the injury for which restitution was sought was caused by, or even connected with, the defendant.
View ArticleTalley v. State, No. 45A05-1507-PC-1005, ___ N.E.3d ___ (Ind. Ct. App., Feb....
Trial counsel was not ineffective for failing to seek bifurcation of SVF firearm possession charge from resisting law enforcement (RLE) charges; trial court would not have been obligated to grant...
View ArticleWilliams v. State, No. 29A02-1506-CR-528, ___ N.E.3d ___ (Ind. Ct. App.,...
Defendant entered an “open plea,” despite plea agreement’s mistaken recitation that it was not, because trial court retained discretion over placement of the sentence. Defendant therefore did not waive...
View ArticleWright v. State, No. 05A02-1610-CR-2397, __ N.E.3d __ (Ind. Ct. App., Jan....
Defendant's felony child molesting conviction reversed because his incriminating statements to arresting officers flowed from an unconstitutional search and seizure of his computers and were the fruit...
View ArticleD.M. v. State, No. 49A02-1711-JV-2708, __ N.E.3d __ (Ind. Ct. App., Aug. 8,...
When juvenile defendant’s attorney vigorously argued in favor of placing him on probation and submitted a plan for the juvenile court’s review, the court’s failure to specifically ask juvenile...
View ArticleTrimnell v. State, No. 18A-CR-987, __ N.E.3d __ (Ind. Ct. App., Dec. 31, 2018).
Drug dealer who supplied drug that eventually attributed to the death of his customer could not be charged under the felony murder statute when his conduct was not the mediate or immediate cause of...
View ArticleMcAnalley v. State, No. 18A-CR-1099, __ N.E.3d __ (Ind. Ct. App., Oct. 18,...
Defendant is permitted to stipulate to his status as a felon in a trial for unlawful possession of a firearm by a serious violent felon. When a passenger in an automobile is arrested on a warrant,...
View ArticleReynolds v. State, No. 19A-CR-880, __ N.E.3d __ (Ind. Ct. App., Feb. 14, 2020).
Admission of a recorded forensic interview is prohibited if the child victim provides live trial testimony unless the Rules of Evidence provide an independent basis for admission. The forensic...
View ArticlePava v. State, No. 19A-CR-716, __ N.E.3d __ (Ind. Ct. App., Mar. 25, 2020).
The objective reasonableness standard provides sufficient notice of what conduct crosses the line from mere discipline of a child to battery.
View ArticleRiddle v. Khan, No. 20A-PL-1441, __ N.E.3d __ (Ind. Ct. App., April 5, 2021).
Doctors, who treated children while they were in the custody of DCS, did not act under color of state law for purposes of a §1983 action.
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