Defendant’s circumstances, including the fact he had two children born in the United States after his guilty plea, did not suffice to support his claim that he would not have pled guilty had he received advice about deportation consequences from trial counsel.
Criminal
Honeycutt v. State, No. 92A04-1203-CR-149, __ N.E.2d __ (Ind. Ct. App., Sept. 5, 2012).
Assuming a defendant can waive the right to have additional charges dismissed under the Successive Prosecution Statute, this defendant, who pled guilty after waiving counsel and being advised additional charges might be filed, did not waive the right as he was not aware of his rights under the Statute and was not represented by counsel.
Wilson v. State, No. 29A02-1202-CR-88, __ N.E.2d __ (Ind. Ct. App., Sept. 6, 2012).
Trial court did not abuse discretion by excluding evidence of Department of Toxicology Laboratory audits of tests performed from 2007 t0 2009, on the basis that defendant’s test was performed in 2011 when “different procedures were executed by different analysts serving under a different Director more than 1 ½ years beyond the chronological scope of the audits.”
Dowell v. State, No. 09A05-1201-CR-36, __ N.E.2d__ (Ind. Ct. App., Aug. 27, 2012).
Jury Rules’ “leeway” for assisting a deliberating jury does not permit giving a supplemental instruction on accomplice liability by means of a note to jurors, instead of rereading all instructions in open court.
Bean v. State, No. 91A02-1109-CR-906, __ N.E.2d __ (Ind. Ct. App., Aug. 22, 2012).
Among factors leading to conclusion there was Miranda custody was the giving of Miranda rights, defendant’s invocation of those rights, and police failure to comply with them, notwithstanding continued police assurances during lengthy questioning that defendant was free to leave whenever he wished.