An attenuated familial relationship is sufficient for the definition of family or household member (Ind. Code 35-31.5-2-128) for a Level 6 felony battery.
Criminal
Stephenson v. State, No. 15S00-1401-LW-40, __ N.E.3d __ (Ind., Apr. 23, 2015).
“We decline to find that the mere existence of an attempted suicide, without more, is relevant evidence of a person’s guilty conscience about committing a charged crime,” but in this case Defendant’s suicide attempt approximately a month after the alleged murder was properly admitted as relevant to his motive for committing the crime.
Beasley v. State, No. 49A04-14-6-CR-253, __ N.E.3d __ (Ind. Ct. App., Apr. 29, 2015).
Applies mistrial analysis to juror’s statement she saw a person in the gallery and was concerned for her safety.
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.