The trial court did not abuse its discretion by giving preclusive effect to the Marion County Probate Court’s 2012 age-change order and the March 7, 2017, order reaffirming same, thus preventing the State from relitigating the alleged victim’s age; and the trial court did not err in dismissing multiple counts against the defendants because the charges were filed outside of the five-year statute of limitations period.
Criminal
Stott v. State, 20A-CR-1924, __ N.E.3d __ (Ind. Ct. App., Aug. 13, 2021).
To establish admissibility based on the present sense impression exception to the hearsay rule, witnesses’ statements to police officers in a recording must demonstrate, among other things, contemporaneity between the events perceived and the declarations about those events. Moreover, it is the proponent’s burden to establish the strong showing of authenticity and competency for the admissibility of photographs used as substantive evidence under the silent-witness theory.
Page v. State, 21A-CR-90, __ N.E.3d __ (Ind. Ct. App., Aug. 6, 2021).
The “valid prescription” requirement is intended to assure the prescription was not obtained by fraud, misrepresentation, or deceit and thus, an expired prescription is still a “valid prescription” under Ind. Code § 35-48-4-6(a).
State v. Riggs, 20A-CR-2144, __ N.E.3d __ (Ind. Ct. App., July 29, 2021).
Any substantive provisions of the Child Deposition Statute, Ind. Code § 35-40-5-11.5, do not exempt the procedural provisions of the Statute from the general rule that the Indiana Trial Rules supersede conflicting procedural statutes. The procedural provisions of the Child Deposition Statute conflict with the trial rules, and therefore the procedural provisions are unenforceable.
State v. Neukam, 20A-CR-2006, __ N.E.3d __ (Ind. Ct. App., July 20, 2021).
The Indiana General Assembly has not yet provided the statutory authority to grant subject matter jurisdiction to an adult criminal court in the situation where the adult criminal court is aware that an individual is alleged to have committed a delinquent act of child molesting when he was under eighteen (a child) but is twenty-one or older at the time the State seeks to file charges against him.