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.
Criminal
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.
Indianapolis Metropolitan Police Dept. v Prout, No. 49A04-1305-CR-236, __ N.E.3d __ (Ind. Ct. App., May 29, 2014).
Trial court properly granted expungement petition when charges had been dismissed due to evidentiary problem.
Hurd v. State, No. 49A02-1309-CR-753, __ N.E.3d __ (Ind. Ct. App., May 21, 2014).
Probation condition to stay out of an extensive portion of central Indianapolis was not reasonably related to the probationer’s treatment and public safety.