Trial court properly allowed the State to present evidence of defendant’s post-arrest, pre-Miranda silence during trial because defendant opened the door to rebuttal of his defense that he had no knowledge of the drug deal and was an unwitting participant.
Supreme
In re Mandate for Lake Superior Ct. v Pera, No. 18S-CB-442, __ N.E.3d __ (Ind., May 16, 2019).
Substantial evidence supports the $176,467.17 award to the judges for attorney’s fees and expenses for their mandate action.
Civil Commitment of T.W. v. St. Vincent Hospital & Health Care Center, No. 19S-MH-264, __ N.E.3d __ (Ind., April 30, 2019).
Commissioner lacked authority to enter the commitment orders; the judge must review and sign each order.
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.