The “new-crime exception” to the Miranda exclusionary rule applies when a statement is made by a person who is subject to custodial interrogation but not given Miranda warnings. Under such circumstances, the statement is still admissible if the statement itself is evidence of a new crime.
Powers v. State, No. 21A-CR-1915, __ N.E.3d __ (Ind. Ct. App., June 22, 2022).
An officer must have reasonable suspicion of criminal activity in order to detain an individual beyond what is necessary to effectuate the purpose of the traffic stop.
Church v. State, No. 22S-CR-201, __ N.E.3d __ (Ind., June 23, 2022).
Ind. Code § 35-40-5-11.5, the child sex-offense deposition statute, is both constitutionally sound and substantive in nature, and therefore, the Indiana Trial Rules cannot abrogate or modify the statute.
State v. Neukam, No. 21S-CR-567, __ N.E.3d __ (Ind., June 23, 2022).
Slaughter, J. In 2020, we held juvenile courts lose jurisdiction once an alleged delinquent child reaches twenty-one years of age. But we left open the question whether the State can file criminal charges against a person who committed the charged conduct before turning eighteen but is no longer a child under the juvenile code. Under […]
Dunigan v. State, No. 21A-CT-2939, __ N.E.3d __ (Ind. Ct. App., June 23, 2022).
The trial court properly dismissed the complaint of an abusive litigant; the appellate court imposes sanctions on the litigant for his abuse of judicial resources.