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.
Criminal
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.
Ivy v. State, No. 82A04-1711-PC-2506, __ N.E.3d __ (Ind. Ct. App., April 4, 2018).
Attempted murder conviction reversed because trial counsel failed to object to improper jury instruction, and tender a proper instruction, regarding the specific intent required to prove accomplice liability.
Batchelor v. State, No. 11A01-1707-CR-1574, __ N.E.3d __ (Ind. Ct. App., March 28, 2018).
Jury instruction that misstated mens rea for resisting law enforcement was a fundamental error that mandated reversal of conviction; it was erroneous for the trial court to give the instruction when the defendant did not request it.
McCarty v. State, No. 84A04-1707-CR-1599, __ N.E.3d __ (Ind. Ct. App., March 20, 2018).
When placing a person on probation, the trial court must provide clear and specific written terms, including each condition of probation.