Supreme Court revises young offender’s 150 year sentence to 85 years.
Criminal
Ryan v. State, No. 49S02-1311-CR-734, __ N.E.3d __ (Ind., June 3, 2014).
Affirms conviction, “concluding that some of the prosecutor’s conduct was improper, but because of the absence of any timely objection by the defendant, reversal is not warranted.”
Ponce v. State, No. 20S04-1308-PC-533, __ N.E.3d __ (Ind., June 5, 2014).
Spanish translation of guilty plea rights advisement to defendant who did not understand English was so inaccurate the plea was not knowingly, intelligently, and voluntarily made.
Russell v. State, No. 84A01-1312-CR-532, __ N.E.3d __ (Ind. Ct. App., June 5, 2014).
When plea agreement mistakenly assumed that the crimes were part of a single episode and were thus subject to the statutory cap on consecutive sentences, the sentence imposed under the agreement was contrary to law and was reversed by the Court of Appeals sua sponte.
Robertson v. State, No. 49A05-1310-CR-487, __ N.E.3d __ (Ind. Ct. App., May 28, 2014).
Defendant established a prima facie case for a Batson challenge when the State used its peremptory challenge to strike the only African-American member of the venire.