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.
Criminal
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.
Budimir v. State, No. 23A-CR-17, __ N.E.3d __ (Ind. Ct. App., Aug. 23, 2023).
It is a violation of Article 1, section 11 of the Indiana Constitution for an officer who subsequently arrives on scene to detain, and search an individual, without any additional evidence of suspicion, after that individual was released by an officer who was previously on scene.