The Padilla v. Kentucky Sixth Amendment holding, requiring defense counsel to advise of risk of deportation entailed in a guilty plea, does not have retroactive application to convictions which became final prior to Padilla’s decision date (which was March 31, 2010).
Criminal
Evans v. Michigan, No. 11-1327, __ U.S. __ (Feb. 20, 2013).
A directed verdict of acquittal based on failure to prove an “element” which the trial court erroneously thought was part of the charge was an acquittal for Fifth Amendment double jeopardy purposes.
Jennings v. State, No. 53S01-1209-CR-526, __N.E.2d __ (Ind., Feb. 20, 2013).
“[T]he combined term of imprisonment and probation for a misdemeanor may not exceed one year,” so “[w]e therefore remand this case to the trial court for imposition of a probationary period consistent with this opinion, not to exceed 335 days—the difference between one year (365 days) and the 30 days Jennings was ordered to serve in prison.”
Cutler v. State, No. 71A05-1206-CR-339, __ N.E.2d __ (Ind. Ct. App., Feb. 21, 2013).
“[T]he State may impeach a testifying defendant by using a prior custodial statement that was indeed recorded but was not ‘available at trial’ as required by Evidence Rule 617 because neither defense counsel nor the prosecutor knew of its existence until trial was under way.”
Jones v. State, No. 49A02-1204-CR-292, __ N.E.2d __ (Ind. Ct. App., Feb. 11, 2013).
Holds that recent U.S. Supreme Court Confrontation Clause decisions do not alter the result in the earlier Indiana holding that breath test equipment certificates of inspection are not “testimonial” and accordingly are admissible without implicating the Confrontation Clause.