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MCPO Casebook
Marion County Prosecutor's Office Casebook
Defenses
Abandonment
Accident
Affirmative Defenses
Alibi
In General
Notice of Alibi
Reply by the Prosecutor
Sanctions and Remedies for Non-Compliance
Automatism
Claim of Right
Consent
Duress
Effects of Battery Statute
Entrapment
Impossibility
Insanity
In General
Pretrial Matters
Trial Matters
Verdicts, Sentencing, and Other Consequences
Intoxication
Mistake of Law or Fact
Mistaken Identity and SODDI
Necessity
Parental Privilege
Self-Defense
Elements of Crimes
Offenses Against General Public Administration
Disarming an Officer
Escape
Interference with the Reporting of a Crime
Obstruction of Justice
Public Nudity
Voyeurism
Public Voyeurism
Voyeurism
Offenses Against Property
Cemetery Mischief
Computer Trespass
Offense Against Computer Users
Overpass Mischief
Possession of a Card Skimming Device
Railroad Mischief
Utility and Cable Television Fraud
Offenses Against the Person
Interference with Custody
Evidence
Admission of Evidence
Doctrine of Completeness
Law of the Case Doctrine
Opening the Door
Relevancy
Admissions of the Accused
In General
Miranda Warnings
Corpus Delicti
Denial or Absence of Counsel
Impeachment
Invocation of Rights
Judicial Admissions
Post-Miranda Warnings Silence
Recording Statements
Resumption of Interrogation
Statements During Mental Examinations
Statements Incident to Plea Bargaining
Tacit Admissions
Unsolicited Statements
Voluntariness
Waiver
When Required
Effect of Deceit
Effect of Promises
Effect of Threats
In General
Character Evidence
Crimes, Wrongs, or Other Acts
Inseparable Crimes/Intrinsic Acts
Other Permissible Purposes
To Prove Identity
To Prove Intent
To Prove Knowledge
To Prove Motive
To Prove Plan
In General
Reverse 404(b) Evidence
Circumstantial Evidence
Circumstances of Arrest
Deception by the Accused
Attempts to Commit Suicide
Fabrication and Destruction of Evidence
In General
Making False Statements
Making Threats
Resisting or Avoiding Arrest
Using a False Name
Fingerprints
Flight
In General
Inferences
Intent/Mental State
Possession of Recently Stolen Property
Presence at the Scene
Sudden Wealth
Cumulative Evidence
Disposition of a Co-Defendant's Case
Hearsay
Exceptions to the Hearsay Rule
Acts or Words of a Co-Defendant
Business Records
Dying Declarations
Excited Utterance
Forfeiture by Wrongdoing
Former Testimony
Medical Diagnosis or Treatment
Present Sense Impression
Protected Person Statute
Public Records
Statements Against Interest
Unavailability
Matters Provable by Hearsay
Physical Condition
State of Mind
Threats and Warnings
Scope of Hearsay
Acts or Conduct
In General
Prior Statements
Self-Serving Statements
Statements by an Opposing Party
Statements Not Offered for the Truth of the Matter Asserted
Judicial Notice
Polygraph
Real Evidence
Authentication
Best Evidence Rule
Chain of Custody
Demonstrative Evidence
Experiments and Demonstrations
Failure to Preserve Evidence
Specific Types of Evidence
Anatomically Correct Dolls
Bite Marks
DNA
Fingerprints
Footprints
Gas Chromatography and Mass Spectrometry
Gun Powder Stippling
Hair
Handwriting
Mug Shots
Photographs and Videos
Scientific Evidence
Tape Recordings and Transcripts
Tire Marks and Tire Tracks
Truth Serum
Weapons
Forfeiture
State's Motion to Vacate the Return of Property Order
State's Response to the Defendant's Motion to Return Property
Identity of the Accused
Identification Procedures
Admissibility
Comments by Police to Identification Witnesses
Lineups
Photo Arrays
Right to Counsel
Showups
Successive Identification Procedures
Voice Identification
Identification Testimony
Equivocal Identification of the Defendant
In-Court Identification
Testimony by Other than the Identifying Witness
Miscellaneous Issues
Pleadings
Amending the Charging Instrument
Duplicity and Lesser Included Offenses
Sufficiency of the Charging Instrument
Vagueness
Variance
Sentencing
Aggravators and Mitigators
Aggravators
Mitigators
Witnesses
Character and Reputation Witnesses
Competence of Witnesses
Children
Codefendants
General Rule
Intoxication
Mental Incompetence
Miscellaneous
Privileges
Attorney/Client Privilege
Doctor/Patient Privilege
In General
Ministerial Privilege
Privilege Against Self-Incrimination
Psychologist/Patient Privilege
Social Worker Privilege
Spousal Privilege
Time to Object and Waiver
Confidential Informants
Corroboration and Bolstering
Credibility
Hostile Witnesses
Hypnosis
Immunity
Impeachment
Miscellaneous
Past Recollection Recorded
Refreshing Recollection
The Bruton Rule
Unavailability
Compelling Attendance
Prior Testimony
Refusal to Testify
About This Website
Acknowledgements
Introduction
Updates and Additions
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MCPO Casebook
State's Response to the Defendant's Motion to Return Property
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