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.
Criminal
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.
Rivera v. State, No. 18A-CR-2862, __ N.E.3d __ (Ind. Ct. App., June 26, 2019).
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.