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.
Chapman v. State, No. 21A-CR-421, __ N.E.3d __ (Ind. Ct. App., March 23, 2022).
Ind. Code § 35-49-2-2(1)(matter or performance harmful to minors) does not require explicit depiction of the acts or condition, but it allows for the acts and/or condition to be described or represented in any form. A judge’s preliminary determination of obscenity, or that material is probably harmful to minors under Ind. Code § 35-49-2-4, is not evidence on which the parties can rely at trial or relay to the jury, and the jury should not be made aware of the trial court’s preliminary decision.
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.