“[W]hether declining to attribute delay to the defendant for failing to arrange for his transportation from Department of Correction custody and to appear for his trial scheduled for January 23, 2013, or whether attributing such failures to the defendant under Rule (C) and permitting the trial court and the State a reasonable time thereafter to bring the defendant to trial, the defendant was entitled to discharge pursuant to Indiana Criminal Rule 4(C), and his motion should have been granted.”
Criminal
Taylor-Bey v. State, No. 49A05-1503-CR-123, __ N.E.3d __ (Ind. Ct. App, April 28, 2016).
Trial court had jurisdiction over a “Moorish American National Sovereign.”
Love v. State, No. 20A05-1509-CR-1327, ___ N.E.3d ___ (Ind. Ct. App., April 20, 2016).
Trial court should have dismissed, rather than denied, defendant’s habeas petition that was in substance an unauthorized successive PCR.
Roar v. State, No. 49A02-1506-CR-506 , ___ N.E.3d ___ (Ind. Ct. App., April 21, 2016).
Conditional threat to victim (that “if I came back on the property[] he’d kill me”) supported conviction for intimidation (disagreeing with C.L. v. State, 2 N.E.3d 798, 801 (Ind. Ct. App. 2014), trans. not sought and Causey v. State, 45 N.E.2d 1239 (Ind. Ct. App. 2015), trans. not sought).
Horton v. State, No. 79S02-1510-CR-628, ___ N.E.3d ___ (Ind., April 21, 2016).
Defendant’s personal waiver of second-phase jury trial was required; counsel could not waive it on defendant’s behalf, even though defendant had just been through first phase of bifurcated trial.
Trial court did not abuse its discretion in taking judicial notice of prior case file as evidence of defendant’s prior conviction, because file was readily and publicly available and cause number was repeatedly an unambiguously identified on the record; however, better practice would have been to formally enter the relevant documents into the record.