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.
Robertson v. State, No. 18A-PL-1002, __ N.E.3d __ (Ind. Ct. App., March 29, 2019).
The statute of limitations for the Attorney General’s complaint to recover public funds does not begin to run until the Attorney General receives the final, verified report from the Indiana State Board of Accounts.
In re E.H., No. 18A-JP-2137, __ N.E.3d __ (Ind. Ct. App., March 29, 2019).
Grandparents do not have standing to seek visitation of Father’s adopted children when the Father is their son.
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.
Morrell v. State, No. 18A-CR-1282, __ N.E.3d __ (Ind. Ct. App., March 21, 2019).
Trial courts may not use non-adjudicated juvenile contacts with the justice system as an aggravating circumstance in sentencing.