Since competence to stand trial had been at issue throughout the case, defendant failed to show good cause for belated request (five days before trial) to assert an insanity defense.
E. Brown
Byers v. Moredock, No. 34A04-1412-CT-560, __N.E.3d __ (Ind. Ct. App., May 18, 2015).
Property owners have no duty for damage done by tenant’s dog.
Beasley v. State, No. 49A04-14-6-CR-253, __ N.E.3d __ (Ind. Ct. App., Apr. 29, 2015).
Applies mistrial analysis to juror’s statement she saw a person in the gallery and was concerned for her safety.
Rutledge v. State, No. 85A04-1407-CR-330, __ N.E.3d __ (Ind. Ct. App., Mar. 19, 2015).
Circumstances leading to defendant’s OWI arrest amounted to a consensual encounter, but even considering the police action to have been an investigatory stop it was permitted by the Fourth Amendment and Indiana Constitution, Article I, Section 11.
Montgomery v. State, No. 49A02-1312-CR-1039, __ N.E.3d __ (Ind. Ct. App., Nov. 21, 2014).
When post-conviction court determines petitioner received ineffective assistance of counsel on direct appeal, the remedy is a new trial, not a trial court order that petitioner received a second direct appeal.