The trial court properly declined to give defendant’s proposed jury instruction on force, which emphasized particular factual scenarios minimizing other potentially relevant evidence. Trial courts should use the pattern jury instruction on resisting law enforcement by fleeing at 1 Ind. Pattern Jury Instructions—Criminal 5.3000 (4th ed. 2019).
N. Vaidik
Siebenaler v. State, No. 18A-CR-1381, __ N.E.3d __ (Ind. Ct. App., April 26, 2019).
Court affirmed defendant’s convictions of child pornography and child exploitation where the images depicted sexual conduct, but reversed convictions where mere nudity was involved.
Wert v. State, No. 19A-CR-92, __ N.E.3d __ (Ind. Ct. App., April 11, 2019).
It is clear from the trial court’s comments at the sentencing hearing that it understood the terms of the plea agreement but made a mistake in its written sentencing order and should issue a new order.
Taylor v. State, No. 18A-IF-1475, __ N.E.3d __ (Ind. Ct. App., March 11, 2019).
A defendant can request a jury for a trial de novo regardless of whether they requested a jury in the city-court proceeding.
In re W.R.H., No. 18A-JP-1770, __ N.E.3d __ (Ind. Ct. App., March 11, 2019).
A court cannot change legal custody of a child when a parent files a notice of intent to relocate, unless a parent specifically requests a change of custody.