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Opinions Feb. 4, 2022

Court of Appeals of Indiana
Peggy Sue Higginson v. State of Indiana  
21A-CR-1169
Criminal. Reverses the Posey Superior Court’s grant of the state’s motion to exclude expert witness testimony for Peggy Higginson on the basis that the expert’s anticipated testimony concerning Higginson’s PTSD diagnosis was inadmissible to support a claim of self-defense. Finds that Higginson may use effects-of-battery evidence in her self-defense claim. Also finds that Dr. Polly Westcott may testify as to evidence that relates to the general reasonableness of one’s apprehension of fear, given the psychological trauma which comes from battery, but may not reach an ultimate factual determination exclusive to the jury. Remands for further proceedings.

Opinions Feb. 3, 2022

Indiana Supreme Court
Sierra M. DeWees v. State of Indiana
21S-CR-410
Criminal. Affirms the Clay Superior Court’s denial of Sierra DeWees’ motion for bond reduction or conditional pretrial release. Finds the Indiana General Assembly’s statutory reforms enhance rather than restrict a trial court’s discretion in determining bail. Also finds the trial court did not abuse its discretion in finding DeWees is accused of an “extremely serious” crime and, facing a 30-year sentence, posed a flight risk. Urges the Court of Appeals of Indiana to act with “prudence and restraint” when deviating from Appellate Rule 65(E). If either party seeks modification of DeWees’ conditional release, remands with instructions for the trial court to conduct a hearing.

COA reverses for Madison man removed from community boards by mayor

| Jordan Morey

A Madison man who was removed from two community boards by the mayor after a heated exchange during a public meeting could still be reinstated after a split Court of Appeals of Indiana found multiple errors were made by the trial court in its legal reasoning for denying him injunctive relief.

Marion County GOP prosecutor candidate Carrasco joining Indy firm

| IL Staff

Republican candidate for Marion County prosecutor Cynthia “Cyndi” V. Carrasco is joining the Indianapolis law firm of Riley Bennett Egloff LLP as of counsel, the firm announced this week. Carrasco will work with the firm’s government affairs practice group, according to a news release.