A special condition of a mental health commitment must bear a relationship to treatment or protection of the public; special condition of no alcohol or drug use was struck because there was no record of this relationship.
Appeals
In re K.S., No. 49A02-1701-JC-38, __ N.E.3d __ (Ind. Ct. App., June 29, 2017).
Department of Child Services failed to present evidence that child’s physical or mental condition was seriously impaired or seriously endangered when it only presented that Mother used marijuana two months prior to giving birth.
Roach v. State, No. 49A04-1608-CR-1918, __ N.E.3d __ (Ind. Ct. App., June 20, 2017).
A trial court judge must make credibility findings when ruling on the constitutionality of a prosecutorial preemptory challenge that strikes a prospective African American juror for demeanor-based reasons.
Paquette v. State, No. 63A04-1612-CR-2891, __ N.E.3d __ (Ind. Ct. App., June 21, 2017).
Defendant may only be sentenced and convicted of a single count of resisting law enforcement even when the act of resistance caused multiple deaths.
Hart v. State, No. 59A01-1607-CR-1655, __ N.E.3d __ (Ind. Ct. App., June 21, 2017).
A defendant cannot knowingly and intelligently waive his right to counsel absent an advisement regarding the dangers and disadvantages of self-representation.