Error in statute defining A misdemeanor driving while suspended with a prior within ten years does not prevent its enforcement.
N. Vaidik
Conder v. State, No. 49A02-1012-PC-1404, __ N.E.2d __ (Ind. Ct. App., Sept. 9, 2011).
Depending on the manner in which they are used (here, to kick a person to death), feet and shoes can be a statutory “deadly weapon.”
Vaughn v. State, No. 45A05-1102-CR-5, __ N.E.2d __ (Ind. Ct. App., Sept. 14, 2011).
Mistrial was required when bailiff, at court’s direction, restrained defendant and placed a hand over defendant’s mouth as jurors were leaving the courtroom after defendant, about to testify in his own behalf, launched into a criticism of defense counsel which continued despite court’s orders to stop.
Perry v. State, No. 49A05-1012-CR-774, __ N.E.2d __ (Ind. Ct. App., Aug. 22, 2011).
Admission of hospital nurse’s record of statements assault victim made to nurse, including identity of attacker, did not violate either the hearsay rule or the Crawford Confrontation Clause rule.
Sharp . State, No. 12A02-1010-CR-1188, __ N.E.2d __ (Ind. Ct. App., July 19, 2011).
Defendant’s convictions for Class A child molesting and Class C child molesting, alleged to have occurred during the same 13 month period, did not violate Indiana double jeopardy under the “actual evidence test.”