Burglary is an ongoing crime that encompasses a defendant’s conduct inside the premises, terminating only when the unlawful invasion ends.
Criminal
Carmouche v. State, No. 21A-CR-1666, __ N.E.3d __ (Ind. Ct. App., May 17, 2022).
Those charged with misdemeanors waive their right to a jury trial unless they affirmatively assert it, however, the waiver must be made in a knowing, intelligent, and voluntary manner.
Smith v. State, No. 21A-CR-2799, __ N.E.3d __ (Ind. Ct. App., May 23, 2022).
Pursuant to Indiana Criminal Rule 4(B), a trial court may continue a trial upon taking note of a congestion or an emergency without the additional requirement of a local emergency.
State v. Lyons, No. 21A-CR-2187, __ N.E.3d __ (Ind. Ct. App., May 11, 2022).
Even in the criminal context, the purpose of Indiana’s discovery rules is to allow a liberal discovery procedure for the purpose of providing litigants with information essential to the litigation of all relevant issues, eliminate surprise, and to promote settlement. When a discovery rule is violated, a trial court has broad discretion to impose sanctions, which may include exclusion of all evidence that might have flowed from the violation.
Crowley v. State, No. 21A-MI-2064, __ N.E.3d __ (Ind. Ct. App., May 16, 2022).
If another state previously subjected a pre-SORA offender to a registration requirement, requiring him to register in Indiana is not punitive. It is irrelevant where or when the conviction occurred, as long as another state imposed a lawful registration obligation on the offender and SORA does not so significantly alter that obligation to result in added punishment.