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.”
N. Vaidik
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.”
Butler V. State, No. 84A01-1008-CR-414, __ N.E.2d __ (Ind. Ct. App., June 27, 2011)
Greer v. State’s holding, that a probationer who proceeds pro se and admits the petition need not be advised of the “pitfalls of self-representation,” applies despite decision in Hopper v. State requiring guilty plea advice of dangers of proceeding pro se and “that an attorney is usually more experienced in plea negotiations and better able to identify and evaluate any potential defenses and evidentiary or procedural problems in the prosecution’s case.”