When a court fails to confirm or secure a waiver as required by the Juvenile Waiver Statute, Trial Rule 60(B) is the appropriate avenue for a juvenile to challenge their agreed delinquency adjudication. Because the judgment is voidable, rather than void, when the Juvenile Waiver Statute is violated, Rule 60(B)(8) is the proper vehicle for a juvenile to collaterally attack their adjudication.
Criminal
Davis v. State, No. 22S-CR-253, __ N.E.3d __ (Ind., Oct. 3, 2023)(opinion on rehearing).
When a defendant waives the right to pursue their sentence as part of a plea agreement, they may not pursue a direct appeal of their sentence even if they can prove they did not knowingly and voluntarily waive the right to do so. A defendant must seek to vacate their guilty plea in post-conviction relief.
Winans v. State, No. 23A-CR-80, __ N.E.3d __ (Ind. Ct. App., Sept. 26, 2023).
Where a defendant preserves their right to a jury trial, failure to object to a subsequently scheduled bench trial is insufficient to constitute waiver.
Plato v. State, No. 23A-PC-452, __ N.E.3d __ (Ind. Ct. App., Sept. 25, 2023).
A search warrant which authorizes law enforcement to search for “paperwork” related to a suspected crime, may include seizure of a computer.
Englehardt v. State, No. 22A-CR-1760, __ N.E.3d __ (Ind. Ct. App., Sept. 6, 2023).
A mistrial is an extreme remedy that is warranted only when no other curative action can be expected to remedy the situation.