A handgun equipped with a switch device may constitute the offense of possession of a machine gun if the gun shoots; or can be readily restored to shoot; automatically more than one shot, without manual reloading, by a single function of the trigger as defined by Indiana Code § 35-31.5-2-190.
R. Shepard
Keene v. State, No. 22A-CR-1335, __ N.E.3d __ (Ind. Ct. App., Jan. 30, 2023).
The test for awarding credit for pre-trial confinement remains whether the defendant’s pre-trial confinement is the result of the criminal charge for which the sentence is being imposed, including where plea agreements involving multiple cases are involved.
In re Power of Attorney of DeHart, No. 21A-GM-1043, __ N.E.3d __ (Ind. Ct. App., Dec. 17, 2021).
When a request for accounting under a power of attorney is made, the person holding the power of attorney has the burden to prove the accounting is not in the power of attorney’s best interests.
Jackson v. State, No. 20A-CR-385, __ N.E.3d __ (Ind. Ct. App., Nov. 19, 2020).
When a defendant failed to remove his hands from his pockets and sit down, there was insufficient evidence of physical efforts by the defendant to resist law enforcement and therefore the “forcibly” element of the offense of resisting law enforcement could not be satisfied.
Zartman v. Zartman, No. 18A-PL-1071, __ N.E.3d __ (Ind. Ct. App., June 18, 2019).
When the content of a document is at issue in the context of a motion for summary judgment, it is for the court to decide based on the parties’ designated evidence.