A prior conviction or acquittal in another jurisdiction bars a subsequent Indiana state prosecution for the “same conduct.” Indiana statutory double jeopardy analysis centers on comparing the conduct alleged in the charging instruments.
Appeals
Warren v. State, No. 21A-CR-247, __ N.E.3d __ (Ind. Ct. App., Feb. 28, 2022).
A trial court may conduct a sentencing hearing at which the defendant appears by video, but only after obtaining a written waiver of his right to be present and the consent of the prosecution.
Bedtelyon v. State, No. 21A-CR-1952, __ N.E.3d __ (Ind. Ct. App., March 4, 2022).
To prove that material is obscene, the State must demonstrate that the medium in which the conduct was viewed depicts or describes sexual conduct in a patently offensive manner.
Henry v. Community Healthcare Sys., No. 21A-CT-2150, __ N.E.3d __ (Ind. Ct. App., Feb. 15, 2022).
Invasion of privacy by intrusion into emotional seclusion or solace and invasion of privacy by public disclosure of private facts are not recognized torts in Indiana.
Murray v. State, No. 21A-CR-1495__ N.E.3d __ (Ind. Ct. App., Feb. 11, 2022).
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.