An appellate opinion based upon review of sufficiency of the evidence will rarely, if ever, be an appropriate basis for a jury instruction. Moreover, the personal jury waiver requirement is required in the second phase of a bifurcated trial.
L. Weissmann
In re Civil Commitment of L.B., No. 22A-MH-153, __ N.E.3d __ (Ind. Ct. App., July 15, 2022).
A trial court must expressly find, on the record, that a civil-commitment respondent is capable of knowingly, voluntarily, and intelligently waiving the right to counsel before accepting the respondent’s waiver of that right.
Russell v. State, No. 21A-CR-2313, __ N.E.3d __ (Ind. Ct. App., June 20, 2022).
There are two avenues for the use of home detention following conviction: 1) home detention as a condition of probation under Ind. Code § 35-38-2.5; and 2) home detention as a direct commitment to Community Corrections under Ind. Code § 35-38-2.6. A trial court must enter a home detention order when a defendant is sentenced to home detention as a condition of probation.
Carmouche v. State, No. 21A-CR-1666, __ N.E.3d __ (Ind. Ct. App., May 17, 2022).
Those charged with misdemeanors waive their right to a jury trial unless they affirmatively assert it, however, the waiver must be made in a knowing, intelligent, and voluntary manner.
Cruz v. Cruz, No. 21A-DN-1954, __ N.E.3d __ (Ind. Ct. App., April 4, 2022).
Annulment and dissolution of marriage are separate causes of action; the trial court erred in finding an annulment petition was a mere amendment of the dissolution petition.