As a matter of first impression, the Court of Appeals held that the paved surface of a parking lot may be considered as a deadly weapon capable of causing serious bodily injury.
Criminal
Lee v. United States, No. 16–327, __ US __ (June 23, 2017)
The Court reversed defendant’s conviction, finding that he was prejudiced by the ineffective assistance of counsel during the plea-bargaining process based on counsel’s incorrect advice as to the immigration consequences of a conviction.
Jones v. State, No. 49A02-1611-CR-2513, __ N.E.3d __ (Ind. Ct. App., June 12, 2017).
When defendant is convicted after a trial to the court, the right to waive allocution is personal to the defendant and may not be waived by counsel.
Hurley v. State, No. 49S05-1705-CR-346, __ N.E.3d __ (Ind., May 31, 2017).
Unless an individual clearly manifests an unwillingness to submit to a breathalyzer, a law-enforcement officer must administer a second test if the first returns an “insufficient sample” message.
Pollard v. State, No. 36A01-1603-CR-659, __ N.E.3d __ (Ind. Ct. App., May 23, 2017).
An inmate who obtains a bachelor’s degree may not “bank” the earned credit time to be used toward a future incarceration due to a parole violation.