Under the Armed Career Criminal Act (ACCA), a state crime cannot qualify as an ACCA predicate if its elements are broader than those of a listed generic offense.
Humphrey v. State, No. 48A02-1508-PC-1238, __N.E.3d__ (Ind. Ct. App., June 23, 2016).
Even twenty years after conviction, relief may be granted when trial counsel’s assistance was ineffective.
In re S.O., No. 41A01-1510-AD-1781, __ N.E.3d __ (Ind. Ct. App., June 22, 2016).
A criminal background check that complies with Ind. Code §31-9-2-22.5 is necessary to the adoption process; its absence renders an adoption petition fatally deficient. Also, the adoption court should consolidate the paternity action before issuing its adoption decree.
Etter v. State, No. 49A02-1508-CR-1263, __N.E.3d__(Ind. Ct. App., June 16, 2016).
Although the trial court was frustrated with defense counsel and made inappropriate comments, they were not so damaging as to necessitate a mistrial.
Hale v. State, No. 35S02-1601-CR-37, __ N.E.3d __ (Ind., June 16, 2016).
Trial court must issue factual findings when denying an indigent defendant’s motion to conduct a deposition at public expense.