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.
Criminal
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.
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