Commissioner lacked authority to enter the commitment orders; the judge must review and sign each order.
Supreme
Bennett v. State, No. 18S-CR-538, __ N.E.3d __ (Ind., April 2, 2019).
There was insufficient evidence that defense violated a Community Corrections placement condition by possessing obscene matter because the trial court made factual findings that negate one part of the statutory definition required to prove the violation.
Fairbanks v. State, No. 18S-CR-604, __ N.E.3d __ (Ind., March 27, 2019).
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.
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.