The presence of even one biased juror on the jury is a structural error requiring a new trial, and appellate counsel had an obligation to review the entire record of the trial proceedings, including the voir dire transcript.
Criminal
Pulido v. State, No. 19A-CR-834, __ N.E.3d __ (Ind. Ct. App., Sept. 12, 2019).
It is not a crime to simply be intoxicated in public, and to sustain a public intoxication conviction based on personal endangerment, the state must show proof beyond a reasonable doubt and not by merely speculating that the person may be in some future danger.
State v. Fahringer, No. 18A-CR-2985, __ N.E.3d __ (Ind. Ct. App., Sept. 12, 2019).
The trial court’s certification of its suppression order for interlocutory appeal was an abuse of its discretion because the State’s request for certification was untimely under App. R. 14(B)(1)(a).
Faith v. State, No. 19S-PC-499, __ N.E.3d __ (Ind., Sept. 6, 2019).
A trial court may impose consecutive advisory sentences in a case involving multiple acts of child molestation against a single victim.
Gulzar v. State, No. 19A-XP-637, __ N.E.3d __ (Ind. Ct. App., Sept. 6, 2019).
The five-year waiting period required to file an expungement petition begins on the date a class D felony was converted to a class A misdemeanor, and does not revert back to the date of the initial felony conviction.