A trial court must expressly find, on the record, that a civil-commitment respondent is capable of knowingly, voluntarily, and intelligently waiving the right to counsel before accepting the respondent’s waiver of that right.
Awbrey v. State, No. 21A-CR-2867, __ N.E.3d __ (Ind. Ct. App., July 6, 2022).
Pursuant to the plain language of Ind. Code § 9-30-5-2, the level of an intoxicant in the defendant’s blood, standing alone, is insufficient to establish impairment.
In re Adoption of A.F., No. 22A-AD-288, __ N.E.3d __ (Ind. Ct. App., July 7, 2022).
A deceased person cannot adopt a child.
Armes v. State, No. 21A-CR-2384, __ N.E.3d __ (Ind. Ct. App., July 8, 2022).
The emergency rule promulgated by the Indiana Board of Pharmacy (the Board) purporting to add MDMB to Schedule I, fails to provide adequate information for a person of ordinary intelligence to determine whether he or she is dealing a substance that contains MDMB, and therefore, it is unconstitutionally vague.
Miller v. State, No. 22S-CR-59, __ N.E.3d __ (Ind., June 29, 2022).
A party invites an error if it was part of a deliberate, well-informed trial strategy, which means there must be evidence of counsel’s strategic maneuvering at trial to establish invited error. As to juror challenges, an anticipated refusal does not excuse compliance with the exhaustion rule; a party must still try to use a peremptory challenge even if he believes it will be unsuccessful.