Trial court properly found defendant with brain injury incompetent and committed him to the Division of Mental Health and Addiction (“DMHA”) pursuant to Ind. Code § 35-36-3-1.
Criminal
Russell v. State, No. 49S04-1311-CR-741, __ N.E.2d __ (Ind., Nov. 12, 2013).
Trial court did not err in partially bifurcating trial on serious violent felon charge.
Washington v. State, No. 49S02-1212-CR-669, __ N.E.2d __ (Ind., Nov. 12, 2013).
Indiana Pattern Jury Instruction on defense of another correctly stated the law.
Williams v. State, No. 67A01-1302-CR-87, __ N.E.2d __ (Ind. Ct. App., Nov. 13, 2013).
Evidence of numerous acts of defendant’s sexual intercourse with his daughter left “no reasonable possibility” that the jury relied upon the same acts in finding defendant guilty of incest and child molesting, so that Indiana double jeopardy protection did not prohibit convictions for both offenses.
Austin v. State, No. 20S03-1303-CR-158, __ N.E.2d __ (Ind., Nov. 15, 2013).
State Police search of truck following permissible sequential stops for traffic violations complied with Indiana Constitution protection against unreasonable search and seizure. Also, reviews and applies standards for prioritized treatment of Criminal Rule 4(b) motions for trial within seventy days.