Levern Nicole Howard v. State of Indiana
Indiana Court of Appeals
1Opinion of the Court
[1] Under Indiana Code Section 35-34-1-5(b)(2) (2018), a trial court may permit the State to amend a charging information in matters of substance "at any time ... before the commencement of trial[ ] if the amendment does not prejudice the substantial rights of the defendant." Here, two business days before the commencement of Levern Howard's trial on thirteen counts relating to dealing in and possession of illicit substances, the State moved to add four new counts of neglect of a dependent based on the manner in which Howard had stored firearms at her residence. Over Howard's objection at the…
Also in this document: Concurring in part, dissenting in part · Altice; Concurring in part, dissenting in part · Altice.
2Cases cited24 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Arizona v. FulminanteSupreme Court of the United States · 1991
- Chambers v. MississippiSupreme Court of the United States · 1973
- Powell v. AlabamaSupreme Court of the United States · 1932
- Avery v. AlabamaSupreme Court of the United States · 1940
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3Cited by4 opinions
- State v. PelusoSupreme Court of Connecticut · 2022
- Clarence Boris Miller v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2019
- Malcolm Levell Adams v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2021
- Nakeyah Shields v. State of IndianaIndiana Court of Appeals · 2024