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.
Criminal
Bradley v. State, No. 24S-CR-206, __N.E.3d __ (Ind., Dec. 18, 2024).
A trial court’s sua sponte order for a competency evaluation does not extinguish and reset time under Criminal Rule 4(B); so long as the defendant maintains a position reasonably consistent with his speedy-trial request, delays attributable to competency evaluations simply toll the applicable deadline.
Helvie v. State, No. 24A-CR-1441, __ N.E.3d __ (Ind. Ct. App., Dec. 16, 2024).
Indiana Criminal Rule 3.3(C)(1) provides, in part, that a “defendant may plead guilty to all charged offenses without a plea agreement or to at least one of the charged offenses pursuant to a plea agreement negotiated with the state.” Therefore, absent a plea agreement, the Rule’s language precludes a defendant from pleading guilty to anything less than all of the charges.
M.S. v. State, 24A-JV-715, __ N.E.3d __ (Ind. Ct. App., Dec. 5, 2024).
The exception to the dangerous possession of a firearm statute, parental permission to possess, is an affirmative defense and not an element of the offense.
In re K.W., No. 23A-JV-2040, __N.E.3d __ (Ind. Ct. App., Nov. 20, 2024).
A juvenile problem-solving court cannot order jail time or house arrest for the parent of a juvenile delinquent without providing written notice of the allegations or the assistance of counsel.