Federal Constitution permits trial by a jury of five when a jury of six is provided for by law, without alternates by agreement, and, due to an emergency, a juror is excused; consent to trial by five under such circumstances may be given by counsel, as a matter of trial strategy.
Criminal
Perry v. State, No. 49A05-1012-CR-774, __ N.E.2d __ (Ind. Ct. App., Aug. 22, 2011).
Admission of hospital nurse’s record of statements assault victim made to nurse, including identity of attacker, did not violate either the hearsay rule or the Crawford Confrontation Clause rule.
Villagrana v. State, No. 08A05-1101-CR-21, __ N.E.2d __ (Ind. Ct. App., Aug. 24, 2011).
“Indiana does not criminally penalize those who negligently neglect a dependent.”
Aguirre v. State, No. 49A05-1101-CR-36, __ N.E.2d __ (Ind. Ct. App., Aug. 25, 2011).
Evidence that traffic stop motorist reached her hand into her purse to answer her cellphone while officer was trying to handcuff her for safety reasons did not suffice to prove crime of resisting arrest.
Gilmore v. State, No. 40A01-1011-CR-553, __ N.E.2d __ (Ind. Ct. App., Aug. 24, 2011).
After defendant had initially been found indigent and a reassessment of indigence elicited no evidence of a change in financial status, the trial court’s statement that an evaluation of defendant’s behavior (which had been obstreperous) was also relevant to indigence prompted an appellate finding the trial judge abused his discretion in finding the defendant to no longer be indigent; trial court’s finding that the defendant had forfeited his right to appointed counsel by his conduct was reversed on the basis that, without a hearing warning defendant that his conduct could result in loss of appointed counsel, the defendant could not be said to have made a knowing and intelligent waiver of the right to counsel by his conduct.