When defendant is charged with committing the offense in a drug-free zone, the state must prove beyond a reasonable doubt that children were reasonably expected to be present when the offense occurred.
Criminal
Ison v. State, No. 24A04-1607-PC-1618, __ N.E.3d __ (Ind. Ct. App., March 14, 2017).
A post-conviction court must make specific findings of fact and conclusions of law when there is a claim of ineffective assistance of trial counsel and involuntariness of a guilty plea.
Lindsey v. State, No. 71A04-1412-PC-576, __ N.E.3d __ (Ind. Ct. App., March 14, 2017).
Defendant was entitled to post-conviction relief to reduce his sentence because of the poor advice of his attorney to reject a plea agreement.
Hanks v. State, No. 10A01-1604-PC-690, __ N.E.3d __ (Ind. Ct. App., March 15, 2017).
Even though defendant could not prove ineffective assistance of counsel after entering an open plea agreement and receiving a fifty-year sentence, the post-conviction court must hear evidence and determine if the plea was knowing, intelligent, and voluntary.
Miller v. State, No. 28A04-1603-CR-634, __ N.E.3d __ (Ind. Ct. App., March 17, 2017).
Defendant is entitled to a new trial when the trial court as fact finder applies the incorrect standard of a “knowing” mens rea rather than “specific intent to kill” in deciding conviction for attempted murder.