A defendant can request a jury for a trial de novo regardless of whether they requested a jury in the city-court proceeding.
Appeals
Warren v. State, No. 18A-CR-1725, __ N.E.3d __ (Ind. Ct. App., March 11, 2019).
Trial court may not issue a blanket order denying the return of videos containing sexually explicit material.
In re W.R.H., No. 18A-JP-1770, __ N.E.3d __ (Ind. Ct. App., March 11, 2019).
A court cannot change legal custody of a child when a parent files a notice of intent to relocate, unless a parent specifically requests a change of custody.
Wadle v. State, No. 18A-CR-1465, __ N.E.3d __ (Ind. Ct. App., Feb. 28, 2019).
Convictions for leaving the scene of an accident, OWI causing serious bodily injury, OWI endangering a person, and operating a vehicle with an ACE of 0.08 or more, constitute double jeopardy under both the actual evidence test and common-law prohibitions.
State v. Kirby, No. 18A-PL-2334, __ N.E.3d __ (Ind. Ct. App., March 4, 2019).
The unlawful-entry statute, prohibiting a serious sex offender from entering school property, is not an unconstitutional ex post facto law as applied to defendant who had to stop attending his son’s school events.