In Henriquez v. State, No. 20A04-1510-CR-1841, ____N.E.3d____ (Ind. Ct. App., August 9, 2016), at issue on appeal was whether the trial court failed to comply with I.C. 35-38-1-1(b) that requires the court to advise the defendant of the earliest release date and the maximum possible release date. Chief Judge Nancy Vaidik reviewed the legislative intent of the statute and determined that a plausible interpretation of … [Read more...] about S.E.A. 120 helps judges and staff
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2017 Legislative Summary
New crimes/increased criminal penalties: Level 1 felony: neglect of a dependent with a mental or physical disability. (S.E.A. 246, P.L. 263 – effective July 1, 2017) Level 1 felony: causing serious bodily injury to any person other than the defendant during a robbery of a pharmacist acting in an official capacity or a pharmacy. Level 2 felony: (1) the use of a deadly weapon; or (2) causing bodily injury to any person … [Read more...] about 2017 Legislative Summary
Lethality Assessments
Do Courts Use Them in Domestic Violence Cases? PART TWO The more experience we have, the more comfortable we are relying on our “gut instincts” about people and their behavior. But when it comes to adjudicating cases, our system of jurisprudence does not condone gut feelings as a basis for judicial decisions. As discussed in Part 1 of this series, risk assessments and lethality/danger assessments can take the gue … [Read more...] about Lethality Assessments
#CanITweet? Guidance to courts on the limits of Broadcast Ban
Described by some as “Haiku journalism,” the 140-character limit of Twitter messages such as the fictional examples below, may seem to provide only short-script descriptions of legal events, but these abbreviated statements are beginning to impact court systems. As reporters and onlookers can give play-by-play-accounts of what is occurring in the courtroom and even include photos or videos on Twitter, courts are wre … [Read more...] about #CanITweet? Guidance to courts on the limits of Broadcast Ban
FAQ: Criminal Rule 26
What is the primary purpose of Criminal Rule 26 (CR 26)? The Rule is intended to improve pretrial practices in Indiana by encouraging trial judges to engage in evidence-based decision making at the pretrial stage. Does CR 26 require trial courts to release arrestees from jail without bail and/or pretrial supervision conditions? No. The Rule encourages trial courts to use risk assessment results and other relevant … [Read more...] about FAQ: Criminal Rule 26