When a parent is asserting parental privilege, evidence of a prior conviction for battering the child at issue in a manner similar to the circumstance at issue is admissible as that evidence goes directly to the reasonableness of the force used and the reasonableness of that parent’s belief regarding the force used.
Criminal
Crider v. State, No. 91A05-1108-CR-389, __ N.E.2d __ (Ind. Ct. App., Mar. 29, 2012).
Plea agreement waiving “right to challenge sentence on the basis it is erroneous” is enforced on appeal.
Harris v. State, No. 34S02-1203-CR-169, __ N.E.2d __ (Ind., Mar. 16, 2012).
A defendant need not show prejudice to obtain reversal relief from a violation of a local anti-forum shopping rule filed pursuant to Criminal Rule 2.2.
Kays v. State, No. 42S05-1107-CR-441, __ N.E.2d __ (Ind., Mar. 20, 2012).
While social security income may not itself be levied against to pay a criminal restitution order, social security may be taken into account in determining a defendant’s ability to pay restitution.
Missouri v. Fry, No. 10–444, 566 U.S. __ (Mar. 21, 2012).
The Sixth Amendment right to the effective assistance of counsel imposes on defense counsel “the duty to communicate formal offers from the prosecution to accept a plea on terms and conditions that may be favorable to the accused.”