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.
Wilson v. State, No. 18A-PC-3041, __ N.E.3d __ (Ind. Ct. App., June 27, 2019).
A trial court must hold a hearing that complies with Miller v. Alabama, 567 U.S. 460 (2012) when the effect of a sentence imposed on a juvenile will amount to a de facto life sentence.
Hodges v. State, No. 19S-MI-117, __ N.E.3d __ (Ind., June 27, 2019).
Trial court properly ordered state police officers to turn over to federal authorities cash believed to be the proceeds of drug trafficking that was seized through a valid search warrant.
McBride v. State, No. 18A-CR-580, __ N.E.3d __ (Ind. Ct. App., June 28, 2019).
The trial court should have imposed as a condition of probation that the defendant convicted felon was unequivocally prohibited from possessing a firearm pursuant to 18 U.S.C. § 922(g)(1). Neither the trial court nor the probation department has authority to grant such permission during the term of probation.