Blog Posts in 2014

  • Intimidation - Threats Without Proof of Intent Insufficient

    In McCaskill v. State , 3 N.E.3d 1047 (Ind.Ct.App. 2014), an intimidation prosecution, the State failed to prove that Rakiea McCaskill communicated a threat with the intent that the complaining witness, Tamika Matlock, engage in conduct against her will: i.e ., to leave her husband and/or cause her husband to leave her. See Ind. Code ยง 35-45-2-1(a)(1). McCaskill had a one-year-old child with ...
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  • Public Intoxication - Vagueness Problems with Criminalizing Annoying Behavior

    In an issue of first impression, the Court of Appeals in Morgan v. State , 4 N.E.3d 751 (Ind.Ct.App. 2014), held that the subsection of Indiana's public intoxication statute that criminalizes "annoying" another person is unconstitutionally vague. Rodregus Morgan was intoxicated as he slept in a plexiglass bus shelter. When an officer awakened Morgan, he smelled alcohol, Morgan was unsteady on his ...
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  • Involuntary Confession Persuading Defendant He Cannot Have a Fair Trial Based Upon His Race

    In State v. Bond , decided May 13, 2014, a murder suspect's confession was involuntary because a detective told him that there was a possibility that is trial would not be fair due to an impartial jury because of his race. The detective intensely interrogated Bond in 2011 for a 2007 cold case murder. About two hours into the custodial interrogation, the detective told Bond, who is ...
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  • Other 2014 Legislative Changes -- Sentence Modification and Pretrial Division

    The General Assembly also made it easier to modify a person's sentence. Effective July 1, 2014, the judge may reduce or suspend a person's sentence and impose any sentence the court was authorized to impose at the time of sentencing. The prosecutor's consent is no longer required. A hearing on the sentence modification petition is likewise no longer required, but if the judge sets a hearing on the ...
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