Trial court was correct finding defendant in direct contempt and sentencing him to 180 days in jail after refusing to testify as a witness despite a grant of immunity.
Criminal
Cleveland v. State, No. 18A-CR-2298, __ N.E.3d __ (Ind. Ct. App., July 15, 2019).
Trial court could not order the destruction of defendant’s handgun for the mere possession of it, but it also could not order its return when he lacked a license to carry.
Luster v. State, No. 19A-CR-129, __ N.E.3d __ (Ind. Ct. App., July 15, 2019).
A trial court must consider evidence of defendant’s lack of competency prior to a hearing on the State’s petition to revoke placement in community corrections.
Riley v. State, No. 18A-CR-2015, __ N.E.3d __ (Ind. Ct. App., July 8, 2019).
Indiana Code 35-33-8-5 allows the court to increase bail, but only after the State requests the increase and presents evidence in support.
Whitfield v. State, No. 18A-CR-2428, __ N.E.3d __ (Ind. Ct. App., June 26, 2019).
When the State seeks to peremptorily strike a potential juror based partially on the juror’s demeanor and the defense raises a Batson challenge of racial discrimination, the trial court should make factual findings regarding its observations of the juror’s demeanor.