Two or more distinct offenses may be enhanced due to the use of the same weapon during the commission of each offense, but double jeopardy protections prevent enhancement due to the continuous possession of the weapon.
Criminal
State v. Ruiz, No. 19S-CR-336, __ N.E.3d __ (Ind., June 3, 2019).
Miranda warnings must be provided when police interrogate someone when their movement is curtailed and they are subjected to coercive pressures.
Amick v. State, No. 19A-CR-27, __ N.E.3d __ (Ind. Ct. App., June 6, 2019).
A court may place a person on home detention as part of a community corrections program and require the payment of a home detention fee, which must be set by the court.
Bedolla v. State, No. 19S-PC-328, __ N.E.3d __ (Ind., May 28, 2019).
The post-conviction court abused its discretion in closing evidence without allowing counsel to make an offer of proof and to secure a deposition of a witness who could help prove the defendant had been wrongly convicted of murder.
Spencer v. State, No. 18A-CR-2878, __ N.E.3d __ (Ind. Ct. App., May 28, 2019).
The trial court properly declined to give defendant’s proposed jury instruction on force, which emphasized particular factual scenarios minimizing other potentially relevant evidence. Trial courts should use the pattern jury instruction on resisting law enforcement by fleeing at 1 Ind. Pattern Jury Instructions—Criminal 5.3000 (4th ed. 2019).