For a party to invoke T.R. 34 as the basis for an alleged discovery violation, that party must have first made a discovery request. In a criminal case, if the defendant made no discovery request to the State, the defendant cannot later challenge the admission of documents or electronically stored information on the ground that the State violated T.R. 34 in its production of the materials.
Criminal
Sevion v. State, No. 23A-CR-1107, __ N.E.3d __ (Ind. Ct. App., Nov. 29, 2023).
Post-Conviction Rule 2 does not apply to the denial of a bond reduction motion.
Baker v. State, No. 23A-CR-1340, __N.E.3d __ (Ind. Ct. App., Nov. 27, 2023).
In a criminal jury trial where the State presents evidence of a greater number of separate criminal offenses than charged and does not designate the specific act or acts on which it relies for conviction, a general unanimity instruction is insufficient. The jury should be instructed that they must either unanimously agree that the defendant committed the same act or acts or that the defendant committed all the acts alleged. However, where multiple similar acts are part of one continuous episode, a special unanimity instruction is not required.
Cassity v. State, No. 23A-CR-209, __ N.E.3d __ (Ind. Ct. App., Oct. 30, 2023).
A law enforcement officer initiating a traffic stop must be wearing a distinctive uniform and a badge of authority. A distinctive uniform is the specific design, color, and patches officially adopted by the governmental authority employing the police officer so as to inform the public that the person stopping them is, in fact, a police officer employed by that respective department.
Finnegan v. State, No. 23A-MI-442, __ N.E.3d __ (Ind. Ct. App., Oct. 17, 2023).
A criminal contempt proceeding is a trial of a criminal case. Criminal contempt defendants are entitled to the same statutory protections afforded other criminal defendants, including the right to file a notice of insanity defense and obtain the appointment of appropriate experts to testify at the contempt proceedings.