The evidence of defendant’s demeanor—taken together with the flaws in the expert opinion testimony and the absence of a well-documented history of mental illness—was sufficient to support the court’s finding of guilty but mentally ill (GBMI).
M. Massa
State v. Reinhart, No. 18S-MI-286, __ N.E.3d __ (Ind., Dec. 5, 2018).
When a person “forfeits” driving privileges for life following a felony conviction for driving while suspended, the proper venue is the trial court in a person’s county of residence.
R.R. v. State, No. 18S-JV-230, __ N.E.3d __ (Ind., Sept. 13, 2018).
A juvenile has a right to be present at a fact-finding hearing under Ind. Code 31-32-5-1, unless waived by counsel; waived by parent, guardian, custodian, or guardian ad litem; or waived by the child.
Durden v. State, No. 18S-CR-329, __ N.E.3d __ (Ind., June 20, 2018).
Even though trial court improperly removed a juror after deliberations had begun, defendant’s convictions were affirmed because he and his defense counsel expressly agreed to the constitutionally-defective procedure as part of a deliberate trial strategy.
Gresk v. Demetris, No. 49S02-1711-MI-686, __ N.E.3d __ (Ind., May 10, 2018).
Indiana’s anti-Strategic Lawsuits Against Public Participation (SLAPP) statute protects a person’s actions “in furtherance of” his or her right of petition or free speech and “in connection with a public issue”; the statute is inapplicable to a doctor that reported suspected child abuse.