Trial judge erred by not allowing defendant to play portion of deposition audiotape in which witness made a statement inconsistent with the witness’s trial testimony.
Appeals
Pace v. State, No. 20A03-1206-PC-378, __ N.E.2d __ (Ind. Ct. App., Feb. 5, 2013).
Failure to demand bifurcation of serious violent felony charge and dealing in amphetamine charge was ineffective assistance of counsel in this case.
Coats v. State, No. 49A02-1206-CR-526, __ N.E.2d __ (Ind. Ct. App., Feb. 7, 2013).
The better practice is to follow the statutory commitment procedures concerning competence to stand trial, but here the trial court did not err in not using those procedures where the defendant’s dementia left no hope that competency could be restored.
Delagrange v. State, No. 49A04-1203-CR-144, __ N.E.2d __ (Ind. Ct. App., Jan. 25, 2013).
Reverses child exploitation convictions in part because “[t]he State presented no evidence the victims exhibited their genitals [footnote omitted] or intended to satisfy anyone’s sexual desire.”
Curtis v. State, No. 49A02-1203-MI-271, __ N.E.2d __ (Ind. Ct. App., Jan. 29, 2013).
Forfeiture of a vehicle used to sell pirated films is not authorized.