This panel declines to follow Jean-Baptiste v. State and holds personal waiver of the right to jury trial in a misdemeanor case is not constitutionally required.
Criminal
State v. McKinney, No. 65A05-1611-CR-2624, __ N.E.3d __ (Ind. Ct. App., Aug. 9, 2017).
Trial court abused its discretion in denying the State’s motions to exclude alleged child molester from victim’s deposition and for victim to testify via closed circuit television.
Currie v. State, No. 01A02-1609-PC-2077, __ N.E.3d __ (Ind. Ct. App., Aug. 9, 2017).
A post-conviction petition is not a successive petition until a first petition has been litigated to conclusion.
Berkhardt v. State, No. 49A04-1702-CR-369, __ N.E.3d __ (Ind. Ct. App., Aug.10, 2017).
Absence of evidence of a medical use for the syringes and possession of the syringes in a non-medical setting, and that the defendant possessed marijuana, used a false name and identification card, was not sufficient evidence to convict a person for unlawful possession of a hypodermic syringe.
Nickels v. State, No. 09A02-1703-CR-534, __ N.E.3d __ (Ind. Ct. App., Aug. 3, 2017).
Trial court must allow defendant the opportunity to make a closing argument before announcing a preliminary finding of guilt.