For an alleged violation of Brady v. Maryland to be meritorious, the evidence at issue must be favorable to the accused, either because the evidence is exculpatory or because it is impeaching; the evidence must have been suppressed by the State, either willfully or inadvertently; and prejudice must have ensued.
R. Pyle
LaMotte v. LaMotte, No. 21A-DR-2608, __ N.E.3d __ (Ind. Ct. App., Nov. 30, 2022).
Parties’ due process rights were violated when a successor judge made factual findings and legal conclusions without a trial de novo following the departure of the original judge who conducted the evidentiary hearing.
Yergy’s State Road BBQ, LLC v. Wells Co. Health Dept., No. 21A-PL-2593, __ N.E.3d __ (Ind. Ct. App., May 19, 2022).
Trial court properly dismissed as moot a complaint regarding the Governor’s face mask requirement during COVID-19 because the executive order was no longer in place.
Warren v. State, No. 21A-CR-247, __ N.E.3d __ (Ind. Ct. App., Feb. 28, 2022).
A trial court may conduct a sentencing hearing at which the defendant appears by video, but only after obtaining a written waiver of his right to be present and the consent of the prosecution.
Nolan v. State, No. 21A-CR-305, __ N.E.3d __ (Ind. Ct. App., Oct. 27, 2021).
A defendant waives his/her right to appeal a restitution order after signing a plea agreement leaving all terms of the sentence to the trial court’s discretion.