The Sixth Amendment guarantees a defendant the right to choose the objective of his defense and to insist that his counsel refrain from admitting guilt, even when counsel’s experienced-based view is that confessing guilt offers the defendant the best chance to avoid the death penalty.
Hunter v. State, No. 43A03-1711-CR-2633, __ N.E.3d __ (Ind. Ct. App., May 16, 2018).
When defendant violates a condition of bail, the court may revoke bail, but may not impose a punitive contempt sanction unless defendant’s conduct affects the dignity or operation of the court.
Parsley v. MGA Family Group, Inc., No. 19A01-1707-CT-1535,__ N.E.3d __ (Ind. Ct. App., May 16, 2018).
Grandmother, alleged de facto guardian of her grandson, could not bring an action on behalf of her grandson under the Child Wrongful Death Statute because she was not his legal guardian.
A.A. v. Eskenazi Health/Midtown CMHC, No. 49S02-1711-MH-688, __ N.E.3d __ (Ind., May 17, 2018).
An attorney may not waive the right to appear on behalf of a client for a mentally competent civil commitment. A trial court must waive a respondent’s presence at a commitment hearing at the beginning of the proceeding.
Yates v. Hites, No. 44A03-1710-CT-2459, __ N.E.3d __ (Ind. Ct. App., May 18, 2018).
The trial court abused its discretion when it gave the sudden emergency jury instruction with no evidence to support it. Because the sudden emergency instruction was given and emphasized in closing argument, a new trial is warranted.