When a person petitions for the return of guns confiscated under the Jake Laird “red flag” Law for being a dangerous person, the State must present evidence that the person is dangerous now and, in the future, not that he was dangerous in the past.
Criminal
Hickingbottom v. State, No. 18A-CR-627, __ N.E.3d __ (Ind. Ct. App., April 8, 2019).
The State must produce the DOC manual on use of force by their officers when prosecuting an inmate for the crime of battery resulting in injury to a public safety officer.
Fairbanks v. State, No. 18S-CR-604, __ N.E.3d __ (Ind., March 27, 2019).
The State may introduce Rule 404(B) other-bad-acts evidence to show lack of accident only (1) when the State has “reliable assurance” that an accident defense will be raised, or (2) after the defendant places accident at issue at trial, and when the evidence’s prejudicial impact will not substantially outweigh its probative value.
Batchelor v. State, No. 18S-CR-436, __ N.E.3d __ (Ind., March 18, 2019).
For the resisting-by-fleeing offense, trial courts should use Indiana Pattern Criminal Jury Instruction 5.3040, and discontinue using Instruction 22.
Walters v. State, No. 18A-CR-1021, __ N.E.3d __ (Ind. Ct. App., March 22, 2019).
The certificate offered to authenticate cell phone records did not properly authenticate the records because it was issued approximately eighteen months after the records were obtained, does not contain the phone number for which the search warrant requested records, does not contain the number of pages it purports to authenticate, and does not contain the dates the records encompass.