Possibly incriminating text messages are not protected by the Fifth Amendment in a civil discovery proceeding because the text messages were voluntarily created prior to the issuance of the discovery requests, and they are non-testimonial in nature.
Appeals
Nolan v. State, No. 21A-CR-305, __ N.E.3d __ (Ind. Ct. App., Oct. 27, 2021).
A defendant waives his/her right to appeal a restitution order after signing a plea agreement leaving all terms of the sentence to the trial court’s discretion.
Miller v. State, No. 21A-CR-2315, __ N.E.3d __ (Ind. Ct. App., Nov. 1, 2021).
Bifurcation of unlawful possession of a firearm by a serious violent felon (SVF) charges serves the purpose of protecting a defendant’s right to the presumption of innocence and ensures a fair trial.
Nail v. Smith, No. 21A-CT-563, __ N.E.3d __ (Ind. Ct. App., Nov. 1, 2021).
Trial court properly awarded attorney’s fees as a discovery sanction even though the party’s attorney was salaried in-house counsel.
In re K.W. v. Indiana Dep’t of Child Servs., No. 21A-JC-598, __ N.E.3d __ (Ind. Ct. App., Oct. 21, 2021).
CHINS fact-finding hearing and dispositional hearings were properly continued for good cause pursuant to Trial Rule 53.5.