Procedural default loss of a juror-bias claim when the defendant fails to exhaust her peremptory challenges is not amenable to fundamental-error review.
Supreme
Berry v. State, No. 49S04-1110-CR-611, __ N.E.2d __ (Ind., June 20, 2012).
Affirms trial court’s rejection of the defendant’s “settled insanity” defense, since there was some evidence that the defendant’s behavior was the result of his voluntary abuse of alcohol.
Baker v. State, No. 89S01-1109-CR-543, __ N.E.2d __ (Ind., June 12, 2012).
Evidence that defendant, who broke and entered, had opened cupboards and drawers was sufficient to support an inference that the defendant was looking for something to take and consequently had intended to commit theft when he broke and entered.
Harris v. State, No. 34S02-1203-CR-169, __ N.E.2d __ (Ind., Mar. 16, 2012).
A defendant need not show prejudice to obtain reversal relief from a violation of a local anti-forum shopping rule filed pursuant to Criminal Rule 2.2.
Kays v. State, No. 42S05-1107-CR-441, __ N.E.2d __ (Ind., Mar. 20, 2012).
While social security income may not itself be levied against to pay a criminal restitution order, social security may be taken into account in determining a defendant’s ability to pay restitution.