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Case Clips

Published by the Indiana Office of Court Services

E. Brown

Mitchell v. State, No. 25A-CR-1322, __ N.E.3d __ (Ind. Ct. App., Oct. 6, 2025).

October 6, 2025 Filed Under: Criminal Tagged With: Appeals, E. Brown

The plain language of Ind. Code § 35-38-2-1.8 does not grant, or even address, the trial court’s authority to modify the conditions of probation upon a defendant’s motion.

Schaefer v. State, No. 24A-CR-1387, __N.E.3d __ (Ind. Ct. App., Apr. 11, 2025).

April 14, 2025 Filed Under: Criminal Tagged With: Appeals, E. Brown

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.

Tillett v. State, No. 24A-CR-1413, __ N.E.3d __ (Ind. Ct. App., Mar. 28, 2025).

March 31, 2025 Filed Under: Criminal Tagged With: Appeals, E. Brown, E. Tavitas, R. Altice

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).

December 30, 2024 Filed Under: Criminal Tagged With: Appeals, E. Brown

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).

October 7, 2024 Filed Under: Criminal Tagged With: Appeals, E. Brown

Accessing obscene animated child pornography from one’s own home is protected conduct under the First Amendment.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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