Defendant may not challenge a collateral consequence of an ex post facto statute barring him from school property through a post-conviction proceeding, but he may pursue his claim in a declaratory‐judgment action.
Criminal
Flowers v. State, No. 10A01-1703-CR-586, __ N.E.3d __ (Ind. Ct. App., April 18, 2018).
A judge is not bound by a Community Corrections Director’s request to revoke placement in a community corrections program.
A senior judge’s order must be treated the same as an order entered by the presiding judge.
Poortenga v. State, No. 45A03-1709-CR-2148, __ N.E.3d __ (Ind. Ct. App., April 10, 2018).
Evidence of an individual’s alcohol concentrate equivalent is relevant to the question of whether an individual was intoxicated, regardless of whether the individual’s alcohol concentrate equivalent was more or less than 0.08.
Wirthlin v. State, No. 24A01-1711-CR-2662, __ N.E.3d __ (Ind. Ct. App., April 11, 2018).
Defendant’s signing of documents that include a waiver of counsel do not fulfill the trial court’s responsibility to ensure a knowing, intelligent, and voluntary waiver.
Weida v. State, No. 79S02-1711-CR-00687, __ N.E.3d __ (Ind., April 12, 2018).
The prior version of Sex Offender Special Condition 26, providing a ban on using the internet, is unreasonable since it does not reasonably relate to probationer’s rehabilitation and protecting the public.