Evidence Rule 613(b) confers discretion to allow a prior inconsistent statement to be admitted before the witness has a chance to explain or deny or, in some circumstances, even when witness is not given any chance to explain or deny.
Whiting v. State, No. 38S05-1206-CR-345, __ N.E.2d __ (Ind., June 19, 2012).
Procedural default loss of a juror-bias claim when the defendant fails to exhaust her peremptory challenges is not amenable to fundamental-error review.
Berry v. State, No. 49S04-1110-CR-611, __ N.E.2d __ (Ind., June 20, 2012).
Affirms trial court’s rejection of the defendant’s “settled insanity” defense, since there was some evidence that the defendant’s behavior was the result of his voluntary abuse of alcohol.
Southern Union Co. v. United States, No. 11–94, __U.S.__ (June 21, 2012).
Apprendi v. New Jersey requires a jury resolution of facts on which imposition of a criminal fine rests.
Sexton v. State, No. 02A03-1110-CR-465, __ N.E.2d __ (Ind. Ct. App., June 11, 2012).
When the plea bargain called for dismissal of a felon in possession of a handgun charge, “it was an abuse of discretion for the trial court to consider the fact that Sexton shot his victim using a handgun it was illegal for a person with five felony convictions to possess.”