Miranda warnings must be provided when police interrogate someone when their movement is curtailed and they are subjected to coercive pressures.
Criminal
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).
Barber v. State, No. 19S-CR-329, __ N.E.3d __ (Ind., May 29, 2019).
A person convicted of child molesting is a statutorily defined as a violent criminal and may not file for sentence modification under Ind. Code 35-38-1-17 after the elapse of 365 days from sentencing without the approval of the prosecuting attorney