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.
Criminal
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.
Jackson v. State, No. 20A-CR-385, __ N.E.3d __ (Ind. Ct. App., Nov. 19, 2020).
When a defendant failed to remove his hands from his pockets and sit down, there was insufficient evidence of physical efforts by the defendant to resist law enforcement and therefore the “forcibly” element of the offense of resisting law enforcement could not be satisfied.
Williams v. State, 20A-CR-1209, __ N.E.3d __ (Ind. Ct. App., Nov. 12, 2020).
Indiana’s theft statute does not criminalize the taking of lost or mislaid property.