A trial court possesses the authority to instruct the jury on the penal consequences of a not responsible by reason of insanity verdict, and a guilty but mentally ill verdict, on its own accord to instruct on what it perceives to be a confused jury.
E. Brown
Tillett v. State, No. 24A-CR-1413, __ N.E.3d __ (Ind. Ct. App., Mar. 28, 2025).
A defendant, charged with a felony, must file a notice of intent to raise an insanity defense no later than 20 days before omnibus date. However, in the interest of justice and upon a showing of good cause, a trial court may permit the filing to be made at any time before commencement of the trial.
Cohen v. State, No. 24A-CR-710, __ N.E.3d __ (Ind. Ct. App., Dec. 23, 2024).
Once a defendant demonstrates that they have testified pursuant to a grant of immunity to matters related to the prosecution before a grand jury, the State has the burden of showing an independent, legitimate source for the disputed evidence if the defendant/witness is the target of the same grand jury.
FG v. State, No. 24A-CR-560, __ N.E.3d __ (Ind. Ct. App., Oct. 4, 2024).
Accessing obscene animated child pornography from one’s own home is protected conduct under the First Amendment.
Kerwood v. Elkhart Co. Sheriff’s Dept., No. 23A-PL-2229, __ N.E.3d __ (Ind. Ct. App., Apr. 10, 2024).
Ind. Code § 35-38-9-10(f) sets forth mechanisms to enforce expungement provisions; no private right of action exists for failure to properly expunge or seal records after an expungement order is issued.