The Fifth Amendment right against self-incrimination is not violated when a defendant is ordered to show their teeth to the jury because doing so is a non-testimonial physical demonstration.
Estate of Bichler v. Bichler, No. 21A-CT-752__ N.E.3d __ (Ind. Ct. App, Feb. 1, 2022).
Trial court improperly dismissed case when defendant died during pendency of the case and her personal representatives were not substituted.
Waller v. City of Madison, No. 21A-PL-928, __ N.E.3d __ (Ind. Ct. App, Feb. 3, 2022).
A municipal appointee removable “for cause” may be removed only for acts or omissions that diminish the appointee’s ability or fitness to perform the duties of the appointment.
DeWees v. State, No. 21S-CR-410, __ N.E.3d __ (Ind., Feb. 3, 2022).
The General Assembly’s recent codification of Criminal Rule 26 enhance, rather than restrict, the broad discretion entrusted to trial courts when executing bail.
Higginson v. State, No. 21A-CR-1169, __ N.E.3d __ (Ind. Ct. App., Feb. 4, 2022).
To entirely forbid the use of effects-of-battery evidence, or psychological trauma, in self-defense cases that fall under Ind. Code § 35-41-3-11, would render the self-defense portion of the statute superfluous.