Court could grant immediate possession of property because Indiana’s moratorium on evictions and foreclosures due to COVID-19 is no longer in effect.
N. Vaidik
Utley v. State, 20A-CR-1741, __ N.E.3d __ (Ind. Ct. App., Apr. 7, 2021).
The day of the arrest is not included in the fifteen-day time frame for which a defendant, who faces a petition to revoke probation, may be held in jail without a hearing.
Abbott v. State, 19A-PL-1635, __ N.E.3d __ (Ind. Ct. App., Feb. 15, 2021).
In a civil forfeiture action, the res may be used for defense related expenses.
Wisdom v. State, 20A-CR-931, __ N.E.3d __ (Ind. Ct. App., Dec. 22, 2020).
To authenticate under Evidence Rule 901, social-media evidence turns on whether there is sufficient evidence to support a finding it is what the claimant purports it to be. And while the source of the evidence may sometimes be needed, authentication depends on context.
Bradbury v. State, 20A-PC-620, __ N.E.3d __ (Ind. Ct. App., Dec. 23, 2020).
Trial counsel were ineffective when they stipulated to fact of which there was a serious evidentiary dispute, and when they failed to seek a lesser-included instruction that would have been available absent the stipulation.