When a defendant is removed from the courtroom for disruptive behavior, a trial court is not required to advise the defendant that he may return to the courtroom if he promises to behave.
Criminal
State v. Johnson, No. 21A-CR-1726, __ N.E.3d __ (Ind. Ct. App., Feb. 23, 2022).
A prior conviction or acquittal in another jurisdiction bars a subsequent Indiana state prosecution for the “same conduct.” Indiana statutory double jeopardy analysis centers on comparing the conduct alleged in the charging instruments.
Warren v. State, No. 21A-CR-247, __ N.E.3d __ (Ind. Ct. App., Feb. 28, 2022).
A trial court may conduct a sentencing hearing at which the defendant appears by video, but only after obtaining a written waiver of his right to be present and the consent of the prosecution.
Bedtelyon v. State, No. 21A-CR-1952, __ N.E.3d __ (Ind. Ct. App., March 4, 2022).
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.
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.