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.
Criminal
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.
Beville v. State, No. 84S01-1606-CR-347, __ N.E.3d __ (Ind., March 17, 2017).
The State has the burden of proving the essential elements of an informer’s privilege before the burden shifts to the defendant to prove an exception to that privilege.
Langdon v. State, No. 49A02-1606-CR-1470, __ N.E.3d __ (Ind. Ct. App., March 10, 2017).
There is no statutory basis to impose a second supplemental public defender fee.
Hampton v. State, No. 88A04-1608-CR-1862, __ N.E.3d __ (Ind. Ct. App., March 13, 2017).
Even when the parties enter an agreement removing the Court’s authority to change its terms, the trial court must consider a probationer’s violations and determine appropriate sanctions.