Exclusion from trial for failing a drug test is improper. In such instances, a trial court should apply, and exhaust, lesser contempt penalties, before imposing the extreme sanction of the deprivation of fundamental rights.
Criminal
Ramirez v. State, 20S-LW-430, __ N.E.3d __ (Ind., Sept. 23, 2021).
The trial court properly exercised its discretion with the respect to the admission of evidence and providing a supplemental jury instruction. Moreover, the imposition of life imprisonment without the possibility of parole was not inappropriate.
Larkin v. State, 21S-CR-427, __ N.E.3d __ (Ind., Sep. 14, 2021).
During a criminal trial, the prosecution can request a jury instruction on a lesser-included offense so long as the charging documents provide adequate notice and the record at trial reveals a serious evidentiary dispute.
Olympic Financial Group, Inc., v. State, 21A-CR-1017, __ N.E.3d __ (Ind. Ct. App., Sep. 17, 2021).
For the State to seize cash and seek its forfeiture—or turnover—it must show a nexus between the cash and some sort of criminal activity
Wilburn v. State, 20A-CR-1709, __ N.E.3d __ (Ind. Ct. App., Sep. 20, 2021).
A conviction for burglary cannot be sustained if an alleged perpetrator enters a business open to the public during business hours, with intent to commit a felony or theft in it, due to a lack of evidence as to breaking.