Defendants are entitled to a rebuttable presumption of prejudice when they can show by a preponderance of the evidence that an unauthorized, extra-judicial contact or communication with jurors occurred, and that the contact or communication pertained to the matter before the jury.
L. Rush
Brewington v. State, No. 15S01-1405-CR-309, __ N.E.3d __ (Ind., May 1, 2014).
Affirms intimidation and obstruction of justice convictions for defendant who threatened safety of child custody judge and expert witness.
In re E.M., No. 45S03-1308-JT-557, __ N.E.2d __ (Ind., March 7, 2014).
The trial court was within its discretion to terminate the father’s parental rights.
Paul Stieler Enterprises, Inc. v. City of Evansville, No. 82S01-1306-CT-436, __ N.E.2d __ (Ind., Feb. 11, 2014)
Amended smoking ban ordinance violates the equal privileges and immunities clause of the Indiana Constitution, voiding the amendment that exempted the riverboat casino.
In re S.D., No. 49S05-1309-JC-585, __ N.E.2d __ (Ind., Feb. 12, 2014)
Trial court improperly found that a child with special needs is a child in need of services.