To prove that material is obscene, the State must demonstrate that the medium in which the conduct was viewed depicts or describes sexual conduct in a patently offensive manner.
Criminal
Bradbury v. State, No. 21S-PC-441, __ N.E.3d __ (Ind., Feb. 7, 2022).
Bradbury’s counsel did not render ineffective assistance by pursuing an all-or-nothing strategy.
Murray v. State, No. 21A-CR-1495__ N.E.3d __ (Ind. Ct. App., Feb. 11, 2022).
The Fifth Amendment right against self-incrimination is not violated when a defendant is ordered to show their teeth to the jury because doing so is a non-testimonial physical demonstration.
DeWees v. State, No. 21S-CR-410, __ N.E.3d __ (Ind., Feb. 3, 2022).
The General Assembly’s recent codification of Criminal Rule 26 enhance, rather than restrict, the broad discretion entrusted to trial courts when executing bail.
Higginson v. State, No. 21A-CR-1169, __ N.E.3d __ (Ind. Ct. App., Feb. 4, 2022).
To entirely forbid the use of effects-of-battery evidence, or psychological trauma, in self-defense cases that fall under Ind. Code § 35-41-3-11, would render the self-defense portion of the statute superfluous.