Federal Rule of Evidence 606(b) applies to juror testimony during a proceeding seeking to secure a new trial on the grounds that a juror lied during voir dire.
Watters v. State, No. 34A02-1403-CR-215, __ N.E.3d __ (Ind. Ct. App., Nov. 21, 2014).
Under the “indicia of reliability” rule for probation revocation evidence, admission of uncertified exhibits not substantiated by certified copies, affidavits, or testimony was reversible error.
Montgomery v. State, No. 49A02-1312-CR-1039, __ N.E.3d __ (Ind. Ct. App., Nov. 21, 2014).
When post-conviction court determines petitioner received ineffective assistance of counsel on direct appeal, the remedy is a new trial, not a trial court order that petitioner received a second direct appeal.
Smith v. State, No. 71A04-1312-CR-609, __ N.E.3d __ (Ind. Ct. App., Nov. 24, 2014).
When accomplice had given a sworn factual basis for her burglary guilty plea admitting that she broke into the building, her testimony under a grant of immunity at defendant’s trial that defendant was the one who had broken in, not her, amounted to reversible knowing use of perjured testimony by the State.
Weedman v. State, No. 90A04-1311-CR-549, __ N.E.3d __ (Ind. Ct. App., Nov. 26, 2014).
It was error to admit evidence of defendant’s withdrawal of his insanity defense, including testimony of the experts.