Res gestae is no longer a proper basis for admitting evidence; instead, admissibility is determined under Indiana’s Rules of Evidence.
Criminal
Harris v. State, No. 45S03-1703-CR-172, __ N.E.3d __ (Ind., June 22, 2017).
Although properly admitted evidence was not relevant to his alleged crimes at a joint trial, defendant waived his fair trial argument because he never moved for a separate trial and he first raised the issue at oral argument.
Abney v. State, No. 34A02-1608-CR-1746, __ N.E.3d __ (Ind. Ct. App., June 22, 2017).
A judge is not required to recuse because an attorney in the case is involved in the judge’s judicial campaign unless an objective person, knowledgeable of all the circumstances, would have a rational basis for doubting the judge’s impartiality.
De La Cruz v. State, No. 49A05-1610-CR-2417, __ N.E.3d __ (Ind. Ct. App., June 23, 2017).
Only the trial court, not the probation department, has the authority to assess probation fees against a defendant.
Burgh v. State, No. 71A03-1611-CR-2669, __ N.E.3d __ (Ind. Ct. App., June 23, 2017).
As a matter of first impression, the Court of Appeals held that the paved surface of a parking lot may be considered as a deadly weapon capable of causing serious bodily injury.