When a juror commits gross misconduct, a defendant must still demonstrate that they were probably harmed as a result of that misconduct to be entitled to relief.
Criminal
Johnson v. State, 20S-CR-655, __ N.E.3d __ (Ind., Dec. 1, 2020).
Evidence of drug involvement, and whether the suspect and officer are in a confined space, are both part of the totality of the circumstances contributing to an officer’s reasonable belief that a subject is armed and dangerous as to permit a Terry frisk.
Hobbs v. State, 19A-CR-909, __ N.E.3d __ (Ind. Ct. App., Nov. 30, 2020).
In child molesting cases, even assuming the defense at trial remains the same, amendments to the charging information which add entirely new charges a mere two weeks before trial constitutes insufficient notice.
K.C.G. v. State, No. 20S-JV-263, __ N.E.3d __ (Ind. Ct. App., Nov. 16, 2020).
Juvenile Court lacked subject-matter jurisdiction when it adjudicated juvenile as a delinquent child for dangerously possessing a firearm, an act that would not be an offense if committed by an adult.
Harris v. State, No. 20A-CR-732, __ N.E.3d __ (Ind. Ct. App., Nov. 17, 2020).
Trial court acted within its discretion when it accepted a guilty plea but explained it would not be accepted until review of the PSI; then after review of the PSI determined the plea agreement was unacceptable and allowed the defendant to revoke the guilty plea before trial.