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Case Clips

Published by the Indiana Office of Court Services

N. Vaidik

Weatherspoon v. State, No. 45A03-0809-CR-466, ___ N.E.2d ___ (Ind. Ct. App., Sept. 2, 2009)

September 3, 2009 Filed Under: Criminal Tagged With: Appeals, N. Vaidik

Because Jury Rule 20(a)(8) makes a clear distinction between discussions and deliberations, and because there is no evidence that the alternates participated in deliberations, trial court properly instructed jury that alternates were permitted to discuss the evidence during recesses from trial, but not deliberations.

Barber v. State, No. 49A02-0901-CR-34, __ N.E.2d__ (Ind. Ct. App., Aug. 17, 2009)

August 28, 2009 Filed Under: Criminal Tagged With: Appeals, N. Vaidik

When there was no evidence defense discovery of exculpatory witnesses the weekend before trial was in bad faith, and prejudice to State from a continuance was minimal, trial court reversibly erred in denying a continuance and applying instead a hard deadline for the witness list to exclude the witnesses.

Caruthers v. State, No. 46A05-0810-CR-623, __ N.E.2d __ (Ind. Ct. App., July 15, 2009)

July 17, 2009 Filed Under: Criminal Tagged With: Appeals, E. Friedlander, N. Vaidik

When jurors told bailiff during trial that defendant or his family had intimidated them, it was fundamental error for trial court not to examine jurors to determine what they had been exposed to and whether they could remain impartial.

Dowell v. State, No. 32A01-0810-PC-508, __ N.E.2D __ (Ind. Ct. App., June 30, 2009)

July 2, 2009 Filed Under: Criminal Tagged With: Appeals, N. Vaidik

Applies “prison mailbox rule” to P-C.R. 1 proceedings.

State v. Boadi, No. 64A05-0807-CR-420, __ N.E.2d __ (Ind. Ct. App., May 13, 2009)

May 22, 2009 Filed Under: Criminal Tagged With: Appeals, N. Vaidik

Failure to stop at a red light due to inadvertence or an error in judgment, without more, does not constitute recklessness.

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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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