Evidence was insufficient to convict defendants of felony murder in the course of burglarizing a home they thought was unoccupied; none were armed or engaged in any “dangerously violent or threatening conduct” that was “clearly the mediate or immediate cause” of their co-perpetrator’s death.
Criminal
Sharp v. State, No. 20S04-1509-CR-549, ___ N.E.3d ___ (Ind., Sept. 18, 2015).
Evidence was insufficient to convict defendants of felony murder in the course of burglarizing a home they thought was unoccupied; they were unarmed and did not engage in any dangerously violent of threatening conduct that was clearly the mediate or immediate cause of their co-perpetrator’s death.
Nunez v. State, No. 53A04-1407-CR-346, ___ N.E.3d ___ (Ind. Ct. App., Sept. 21, 2015).
Even though Spanish translation of jury-trial waiver form omitted recitals that waiver of jury trial was knowing, voluntary, and un-coerced, defendant was not entitled to relief without presenting evidence of some miscarriage like ignorance or coercion.
Hamilton v. State, No. 65A04-1412-CR-592, ___ N.E.3d ___ (Ind. Ct. App., Sept. 9, 2015).
Forensic interviewer’s testimony vouching for child victims’ testimony, admitted over defendant’s timely objection, was reversible error. But detective calling children’s statements “powerful” when interrogating defendant was not error because it was meant only to elicit response from defendant, not as assertion of fact.
R.B. v. State, No. 49A02-1502-JV-96, ___ N.E.3d ___ (Ind. Ct. App., Sept. 11, 2015).
Under the Fourth Amendment, police could reasonably rely on minor’s mother’s consent to search minor’s bedroom in her home.