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.
L. Weissmann
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.
Bedtelyon v. State, No. 21A-CR-1952, __ N.E.3d __ (Ind. Ct. App., March 4, 2022).
To prove that material is obscene, the State must demonstrate that the medium in which the conduct was viewed depicts or describes sexual conduct in a patently offensive manner.
Waller v. City of Madison, No. 21A-PL-928, __ N.E.3d __ (Ind. Ct. App, Feb. 3, 2022).
A municipal appointee removable “for cause” may be removed only for acts or omissions that diminish the appointee’s ability or fitness to perform the duties of the appointment.