Defendant is entitled to a bifurcated trial with a first phase on murder-related charges before a second phase with presentation of evidence qualifying him as a serious violent felon.
Kirby v. State, No. 34A02-1609-CR-2060, __ N.E.3d __ (Ind. Ct. App., Aug. 31, 2017).
The statute prohibiting individuals convicted of certain sex crimes from entering school property is unconstitutional as applied to defendant because it amounts to retroactive punishment in violation of the Ex Post Facto Clause.
Durden v. State, No. 49A02-1701-CR-188, __ N.E.3d __ (Ind. Ct. App., Aug. 31, 2017).
Even though defense counsel agreed to removal of a juror after deliberations had begun, where the record did not show that the removal was justified, the conviction must be reversed and a new trial held.
Stafford v. State, No. 49A05-1609-CR-2012, __ N.E.3d __ (Ind. Ct. App., Aug. 31, 2017).
An act of reckless driving in a work zone can only sustain one conviction even though it caused two deaths; the distinction between conduct- and result-based offenses remains the law in Indiana.
Gray v. County of Starke, Ind., No. 64A03-1703-PL-585, __ N.E.3d __ (Ind. Ct. App., Aug. 29, 2017).
“The excessive force objective reasonableness standard…may be instructive but does not provide a minimum threshold for termination of police employment when an allegation has been made that the officer violated an internal use of force rule.”