A judge is not required to recuse because an attorney in the case is involved in the judge’s judicial campaign unless an objective person, knowledgeable of all the circumstances, would have a rational basis for doubting the judge’s impartiality.
Criminal
De La Cruz v. State, No. 49A05-1610-CR-2417, __ N.E.3d __ (Ind. Ct. App., June 23, 2017).
Only the trial court, not the probation department, has the authority to assess probation fees against a defendant.
Burgh v. State, No. 71A03-1611-CR-2669, __ N.E.3d __ (Ind. Ct. App., June 23, 2017).
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.
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.