A juvenile has a right to be present at a fact-finding hearing under Ind. Code 31-32-5-1, unless waived by counsel; waived by parent, guardian, custodian, or guardian ad litem; or waived by the child.
Supreme
Cox v. Evansville Police Dept., No. 18S-CT-447, __ N.E.3d __ (Ind., Sept. 13, 2018).
Cities may be liable under the respondeat superior scope-of-employment rule for sexual assaults by on-duty police officers, but the common-carrier exception does not apply.
Boggs v. State, No. 18S-CR-430, __ N.E.3d __ (Ind., Aug. 23, 2018).
Proof of the “slightest penetration” of the female sex organ, including penetration of the external genitalia, is sufficient to sustain a conviction for child molestation based on sexual intercourse.
Jackson v. State, No. 18S-CR-00113, __ N.E.3d __ (Ind., Aug. 24, 2018).
Based on the general inquiry from the Coble decision on the habitual offender enhancement statute and the unambiguous language of the criminal gang enhancement statute, a trial court on remand from a reversal of a criminal gang enhancement must resentence the defendant on all the felonies underlying that enhancement.
State v. Larkin, No. 46S04-1711-CR-701, __ N.E.3d __ (Ind., June 27, 2018).
Delays resulting from defendant’s interlocutory appeal and motion for change of judge are attributable to him when calculating Criminal Rule 4(C) time period.
When there is prosecutorial misconduct, the remedy characteristically imposed is not to dismiss the charges but to suppress the evidence.