Where there are no intervening proceedings between the reading of the preliminary instructions and the jury being excused for lunch, trial courts are not required to repeat the
admonishment required by I.C. 35-27-2-4(a). Jury instructions are considered as a whole and in reference to each other when deciding whether an instructional error amounts to fundamental error.
Criminal
Hodges v. State, No. 19S-MI-117, __ N.E.3d __ (Ind., June 27, 2019).
Trial court properly ordered state police officers to turn over to federal authorities cash believed to be the proceeds of drug trafficking that was seized through a valid search warrant.
McBride v. State, No. 18A-CR-580, __ N.E.3d __ (Ind. Ct. App., June 28, 2019).
The trial court should have imposed as a condition of probation that the defendant convicted felon was unequivocally prohibited from possessing a firearm pursuant to 18 U.S.C. § 922(g)(1). Neither the trial court nor the probation department has authority to grant such permission during the term of probation.
Keith v. State, No. 18A-CR-1961, __ N.E.3d __ (Ind. Ct. App., June 20, 2019).
An injury to the mind does not qualify as a bodily injury and may not be used to convict on a Level 1 felony burglary of a dwelling resulting in serious bodily injury.
Berryman v. State, No. 18A-XP-2433, __ N.E.3d __ (Ind. Ct. App., June 21, 2019
The term “conviction” includes a verdict of not responsible by reason of insanity (“NRRI”) for purposes of I.C. 35-38-9-1, and an individual so adjudicated may not have that finding expunged.