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Case Clips

Published by the Indiana Office of Court Services

M. May

Wilson v. State, No. 21A-CR-2308, __ N.E.3d __ (Ind. Ct. App., June 2, 2022).

June 6, 2022 Filed Under: Criminal Tagged With: Appeals, M. May

Pursuant to Ind. Code § 35-38-1-17, a trial court’s authority to modify a sentence does not extend to parole.

Yeary v. State, No. 21A-CR-1080, __ N.E.3d __ (Ind. Ct. App., April 7, 2022).

April 11, 2022 Filed Under: Criminal Tagged With: Appeals, M. May

The plain language of the drug-induced homicide statute, Ind. Code § 35-42-1-1.5, requires the State to prove the defendant’s conduct is both the proximate cause and the actual cause of the victim’s death, and while the jury is expected to rely on its collective common sense and knowledge acquired through everyday experiences, the trial court has a duty to define for the jury words of a technical or legal meaning normally not understood by jurors unversed in the law.

State v. Pemberton, No. 21A-CR-668, __ N.E.3d __ (Ind. Ct. App., March 31, 2022).

April 4, 2022 Filed Under: Criminal, Juvenile Tagged With: Appeals, D. Molter, M. May

Absent specific exceptions outlined by our legislature in other statutes, acts that would be criminal offenses if committed by adults are defined by Indiana law as delinquent acts when committed by individuals under age eighteen, and Indiana law gives exclusive jurisdiction of delinquency proceedings to juvenile courts.

Murray v. State, No. 21A-CR-1495__ N.E.3d __ (Ind. Ct. App., Feb. 11, 2022).

February 14, 2022 Filed Under: Criminal Tagged With: Appeals, M. May

The Fifth Amendment right against self-incrimination is not violated when a defendant is ordered to show their teeth to the jury because doing so is a non-testimonial physical demonstration.

Allen v. State, No. 21A-XP-368, __ N.E.3d __ (Ind. Ct. App., Jan. 25, 2022).

January 31, 2022 Filed Under: Criminal Tagged With: Appeals, M. May

Under the permissive expungement statute, a trial court may deny an expungement petition after considering the nature and circumstances of the crime,and the petitioner’s character

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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