The General Assembly’s recent codification of Criminal Rule 26 enhance, rather than restrict, the broad discretion entrusted to trial courts when executing bail.
Criminal
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
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.