The market reports exception to hearsay under Evidence Rule 803(17) does not apply to allow the admission of evidence from Drugs.com that was used to identify pills for possession charges.
Criminal
Posso v. State, No. 21A-CR-369, __ N.E.3d __ (Ind. Ct. App., Nov. 30, 2021).
A defendant is entitled to be advised of his Indiana constitutional right to the presence and advice of counsel before making the decision to consent to a search of a motel room, vehicle, and/or cell phone.
Corbett v. State, No. 21A-CR-118, __ N.E.3d __ (Ind. Ct. App., Nov. 10, 2021).
Article 15 non-judicial punishment received while in the Navy is not a criminal conviction and cannot be used to impeach a witness under Evidence Rule 609.
Nolan v. State, No. 21A-CR-305, __ N.E.3d __ (Ind. Ct. App., Oct. 27, 2021).
A defendant waives his/her right to appeal a restitution order after signing a plea agreement leaving all terms of the sentence to the trial court’s discretion.
Miller v. State, No. 21A-CR-2315, __ N.E.3d __ (Ind. Ct. App., Nov. 1, 2021).
Bifurcation of unlawful possession of a firearm by a serious violent felon (SVF) charges serves the purpose of protecting a defendant’s right to the presumption of innocence and ensures a fair trial.