To be convicted of battery by means of a deadly weapon, the statute requires only that the weapon is readily capable of causing serious bodily injury in the manner in which it was used, could be used, or was intended to be used; there is no requirement that the weapon caused such injury.
Criminal
Fix v. State, No. 22S-CR-7, __ N.E.3d __ (Ind., May 16, 2022).
Burglary is an ongoing crime that encompasses a defendant’s conduct inside the premises, terminating only when the unlawful invasion ends.
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.