Res gestae is no longer a proper basis for admitting evidence; instead, admissibility is determined under Indiana’s Rules of Evidence.
Supreme
Harris v. State, No. 45S03-1703-CR-172, __ N.E.3d __ (Ind., June 22, 2017).
Although properly admitted evidence was not relevant to his alleged crimes at a joint trial, defendant waived his fair trial argument because he never moved for a separate trial and he first raised the issue at oral argument.
Hurley v. State, No. 49S05-1705-CR-346, __ N.E.3d __ (Ind., May 31, 2017).
Unless an individual clearly manifests an unwillingness to submit to a breathalyzer, a law-enforcement officer must administer a second test if the first returns an “insufficient sample” message.
Pinner v. State, No. 49S02-1611-CR-610, __ N.E.3d __ (Ind., May 9, 2017).
Police need more than a tip that someone is carrying a handgun to conduct a lawful search and seizure; there must be evidence from which an inference of criminal activity can be drawn.
Love v. State, No. 71S03-1612-CR-00641, __ N.E.3d __ (Ind., May 11, 2017).
Appellate courts must apply the same standard of review to video evidence as to other evidence, unless the video evidence indisputably contradicts the trial court’s findings.