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.
Appeals
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.
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.