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.
Criminal
Priest v. State, No. 21A-MI-551, __ N.E.3d __ (Ind. Ct. App., Jan. 25, 2022).
A bald statement in a traffic citation regarding B.A.C. level is inadmissible hearsay.
Allen v. State, No. 21A-XP-368, __ N.E.3d __ (Ind. Ct. App., Jan. 25, 2022).
Under the permissive expungement statute, a trial court may deny an expungement petition after considering the nature and circumstances of the crime,and the petitioner’s character
Afanador v. State, No. 21A-CR-1000, __ N.E.3d __ (Ind. Ct. App., Jan. 28, 2022).
The State is not prohibited from using two offenses to support separate enhancements under different recidivist offender statutes when the two offenses were not part of the same res gestae.
Isom v. Neal, No. 21S-CQ-545, __ N.E.3d __ (Ind., Jan. 28, 2022).
A petition for post-conviction relief tendered to a trial court without the verification required by Post-Conviction Rule 1 is not properly filed.