The State may introduce Rule 404(B) other-bad-acts evidence to show lack of accident only (1) when the State has “reliable assurance” that an accident defense will be raised, or (2) after the defendant places accident at issue at trial, and when the evidence’s prejudicial impact will not substantially outweigh its probative value.
Supreme
Batchelor v. State, No. 18S-CR-436, __ N.E.3d __ (Ind., March 18, 2019).
For the resisting-by-fleeing offense, trial courts should use Indiana Pattern Criminal Jury Instruction 5.3040, and discontinue using Instruction 22.
City of Hammond v. Herman & Kittle Properties, Inc., No. 19S-PL-148, __ N.E.3d __ (Ind., March 15, 2019).
The “Fee Exemption” in Ind. Code 36-1-20-5 that allows Bloomington and West Lafayette to charge local landlords any amount to register rental properties is an unconstitutional special law.
Bobadilla v. State, No. 19S-PC-128, __ N.E.3d __ (Ind., March 5, 2019).
Trial counsel provided constitutionally deficient performance by not inquiring into his client’s citizenship status before entering into a plea agreement that eventually led to his deportation.
Zanders v. State, No. 15S01-1611-CR-571, __ N.E.3d __ (Ind., March 8, 2019).
Defendant’s historical cell-site location information (CSLI) required a search warrant, but the admission of the CSLI evidence was harmless beyond a reasonable doubt.