A trial court judge must make credibility findings when ruling on the constitutionality of a prosecutorial preemptory challenge that strikes a prospective African American juror for demeanor-based reasons.
Criminal
Paquette v. State, No. 63A04-1612-CR-2891, __ N.E.3d __ (Ind. Ct. App., June 21, 2017).
Defendant may only be sentenced and convicted of a single count of resisting law enforcement even when the act of resistance caused multiple deaths.
Hart v. State, No. 59A01-1607-CR-1655, __ N.E.3d __ (Ind. Ct. App., June 21, 2017).
A defendant cannot knowingly and intelligently waive his right to counsel absent an advisement regarding the dangers and disadvantages of self-representation.
Snow v. State, No. 45S03-1703-CR-169, __ N.E.3d __ (Ind., June 22, 2017).
Res gestae is no longer a proper basis for admitting evidence; instead, admissibility is determined under Indiana’s Rules of Evidence.
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.