Even if the recent amendments to Ind. Code 31-30-1-4(d) and 31-37-1-2 (the juvenile jurisdiction statutes), are remedial, the General Assembly did not intend to apply them retroactively to pending cases.
Criminal
McGee v. State, No. 24A-CR-1312, __ N.E.3d __ (Ind. Ct. App., Feb. 19, 2025).
The Second Amendment does not protect machine guns because they are dangerous and unusual.
Flowers v. State, No. 24A-CR-1219, __ N.E.3d __ (Ind. Ct. App., Jan. 28, 2025).
The abuse of discretion standard of review applies to the review of trial court bond forfeiture rulings.
Graff v. State, No. 23A-CR-2546, __ N.E.3d __ (Ind. Ct. App., Jan. 28, 2025).
Where a suspect has not been arrested, arraigned or indicted, a polygraph examination and post-testing interrogation do not constitute critical stages upon which the right to counsel attaches. Evidence that a polygraph examination directly preceded a confession, occurred in the exact same room, and involved the same officer to which the confession was given may be admissible. Consistent with Indiana Rule of Evidence 106, the preliminaries to a polygraph examination, the examination itself, and the subsequent police interview are all part of one recorded statement, and fairness dictates that neither party should be able to decide that the jury will hear only the parts of the statement it deems favorable to its case.
Cohen v. State, No. 24A-CR-710, __ N.E.3d __ (Ind. Ct. App., Dec. 23, 2024).
Once a defendant demonstrates that they have testified pursuant to a grant of immunity to matters related to the prosecution before a grand jury, the State has the burden of showing an independent, legitimate source for the disputed evidence if the defendant/witness is the target of the same grand jury.