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.
Appeals
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.
Waller v. City of Madison, No. 21A-PL-928, __ N.E.3d __ (Ind. Ct. App, Feb. 3, 2022).
A municipal appointee removable “for cause” may be removed only for acts or omissions that diminish the appointee’s ability or fitness to perform the duties of the appointment.
Higginson v. State, No. 21A-CR-1169, __ N.E.3d __ (Ind. Ct. App., Feb. 4, 2022).
To entirely forbid the use of effects-of-battery evidence, or psychological trauma, in self-defense cases that fall under Ind. Code § 35-41-3-11, would render the self-defense portion of the statute superfluous.
Priest v. State, No. 21A-MI-551, __ N.E.3d __ (Ind. Ct. App., Jan. 25, 2022).
A bald statement in a traffic citation regarding B.A.C. level is inadmissible hearsay.