Indiana Rule of Evidence 412(b)(1)(A) only allows evidence of other sexual behavior that—itself—could have produced some physical evidence that is presented in the case.
N. Vaidik
In re Termination of Tre.S, No. 19A-JT-2915, __ N.E.3d __ (Ind. Ct. App., May 27, 2020).
Reminder to trial-level DCS attorneys and trial courts that they have a duty to ensure that parents’ due-process rights in termination cases are not violated.
Harris v. State, No. 19A-CR-1863, __ N.E.3d __ (Ind. Ct. App., May 13, 2020).
Pursuant to Indiana Rule of Evidence 615(c), the parent of a juvenile waived to adult court is a person whose presence a party shows to be essential to presenting the party’s claim or defense.
Yeager v. State, No. 20A-CR-121, __ N.E.3d __ (Ind. Ct. App., May 5, 2020).
If an arrestee does not present a substantial risk of flight or danger to themselves or others, a trial court should release the arrestee without money bail or surety subject to such restrictions to ensure appearance for trial.
R.W. v. State, No. 19A-CR-1358 __ N.E.3d __ (Ind. Ct. App., May 6, 2020).
Lack of eye-witness identification, coupled with multiple evidentiary discrepancies, may constitute insufficient evidence to sustain a conviction for robbery or attempted robbery