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.
Criminal
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.
Springfield v. State, No. 19S-CR-348, __ N.E.3d __ (Ind., June 10, 2019).
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.
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.