Trial court has no duty to set a trial date when defendant absconds and fails to appear; Criminal Rule 4(C) one year did not begin to run until defendant’s notice of his incarceration in another county and request for trial were received by the trial court and the prosecutor; fact jail may have known of defendant’s presence in the other county was not attributable to court and prosecutor in this case.
Bex v. State, No. 53A01-1008-CR-422, __ N.E.2d __ (Ind. Ct. App., Aug. 22, 2011).
Federal Constitution permits trial by a jury of five when a jury of six is provided for by law, without alternates by agreement, and, due to an emergency, a juror is excused; consent to trial by five under such circumstances may be given by counsel, as a matter of trial strategy.
Perry v. State, No. 49A05-1012-CR-774, __ N.E.2d __ (Ind. Ct. App., Aug. 22, 2011).
Admission of hospital nurse’s record of statements assault victim made to nurse, including identity of attacker, did not violate either the hearsay rule or the Crawford Confrontation Clause rule.
Villagrana v. State, No. 08A05-1101-CR-21, __ N.E.2d __ (Ind. Ct. App., Aug. 24, 2011).
“Indiana does not criminally penalize those who negligently neglect a dependent.”
Aguirre v. State, No. 49A05-1101-CR-36, __ N.E.2d __ (Ind. Ct. App., Aug. 25, 2011).
Evidence that traffic stop motorist reached her hand into her purse to answer her cellphone while officer was trying to handcuff her for safety reasons did not suffice to prove crime of resisting arrest.