For a misdemeanor, State does not have the right to demand a jury trial and State’s consent to a bench trial is unnecessary.
Criminal
Person v. State, No. 49A02-1708-CR-1737, __ N.E.3d __ (Ind. Ct. App., Feb. 7, 2018).
Trial court could not order costs of victim’s public transportation and for her pain and suffering as part of defendant’s restitution.
J.R. v. State, No. 49A02-1704-JV-754, __ N.E.3d __ (Ind. Ct. App., Feb. 9, 2018).
General statute on carrying a handgun without a license (Ind. Code § 35-41-2-1(a)) does not apply to juveniles because a statute related to a juvenile’s dangerous possession of a firearm (Ind. Code § 35-47-10-1) exists.
Wilson v. State, No. 45A03-1707-PC-1466, __ N.E.3d __ (Ind. Ct. App., Jan. 30, 2018).
Appellate counsel must review the complete record of proceedings before the trial court, including pre-trial hearing transcripts, in order to provide effective assistance of counsel.
Wright v. State, No. 05A02-1610-CR-2397, __ N.E.3d __ (Ind. Ct. App., Jan. 24, 2018).
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 of the poisonous tree.