Limiting instruction erroneously advised the jury that the court had ruled the evidence to be relevant and admissible because the probative value outweighed any prejudice, but the error was not fundamental.
Criminal
Carpenter v. State, No. 77A01-1306-CR-293, __ N.E.2d __ (Ind. Ct. App., Dec. 6 ,2013).
Evidence for revocation of probation was insufficient when it did not provide any basis to conclude phenobarbital was taken after period of probation had begun.
Roberts v. State, No. 10A05-1301-CR-35, __ N.E.2d __ (Ind. Ct. App., Nov. 27, 2013).
Reverses trial court’s discretionary award of “credit for time served” for pre-trial home detention, and affirms trial court’s denial of “good time credit” for the same pre-trial home detention.
Kelly v. State, No. 30S01-1303-CR-220 , __ N.E.2d __ (Ind., Nov. 21, 2013).
Reverses motion to suppress evidence found in a search of defendant’s vehicle and inculpatory statements that defendant made to police.
Leedy v. State, No. 49A04-1303-CR-102, __ N.E.2d __ (Ind. Ct. App., Nov. 26, 2013).
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.