Post-Conviction Rule 2 does not apply to the denial of a bond reduction motion.
Criminal
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.
Williams v. State, No. 23S-CR-283, __ N.E.3d __ (Ind., Oct. 19, 2023).
Absent a knowing and voluntary waiver, Ind. Code § 35-38-1-4(a) requires that a defendant must be personally present at the time sentence is pronounced.