“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.
Criminal
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.
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.