Applies mistrial analysis to juror’s statement she saw a person in the gallery and was concerned for her safety.
Criminal
Swallows v. State, No. 03A05-1412-CR-549, __ N.E.3d __ (Ind. Ct. App., Apr. 30, 2015).
Savings clause prohibits application of current sentence modification statute to a crime committed prior to July 1, 2014.
Wilson v. State, No. 45A03-1409-CR-317, __ N.E.3d __ (Ind. Ct. App., Apr. 30, 2015).
When the defendant struggled with the bailiffs after using profanity and disrupting the trial, the defendant waived his right to be present and the trial court did not err by removing him from the courtroom without first having warned him such conduct would result in removal.
Satterfield v. State, No. 49A02-1409-CR-659, __ N.E.3d __ (Ind. Ct. App., April 16, 2015).
In determining murder bail, “a defendant is allowed to present evidence of an affirmative defense to rebut the State’s strong presumption that the defendant more likely than not committed the murder (or treason) accused of”; here, trial court making murder bail determination erred in rejecting defendant’s evidence of self-defense.
Rodriguez v. United States, No. 13-9972, __ U.S. __ (April 21, 2015).
Fourth Amendment does not allow police to extend duration of a traffic stop, even for a “de minimis” time period, for reasons unrelated the matter for which the stop was made.