Warrantless placement of a wireless GPS monitor on underbody of auto was a Fourth Amendment “search.”
Criminal
Hill v. State, No. 45S03-1105-PC-283, __ N.E.2d __ (Ind., Jan. 24, 2012).
Standard for assessing effective performance of Post-Conviction Rule 2 counsel is the Baum “due-course-of-law” standard, not the two-prong Sixth Amendment Strickland standard.
Bowling v. State, No. 35A04-1107-CR-407, __ N.E.2d __ (Ind. Ct. App., Jan. 24, 2012).
Guilty plea judge’s failure to advise defendant of right to appeal sentence did not make agreed waiver of the right to appeal open plea sentence unenforceable, when record showed defendant had read the waiver agreement, gone over it with defense counsel, and agreed to it.
Long v. State, No. 49A02-1105-CR-381, __ N.E.2d __ (Ind. Ct. App., Jan. 25, 2012).
Master commissioner, given the same statutory authority as a magistrate, was accordingly not authorized to impose sentence following a guilty plea.
Fletcher v. State, No. 79A02-1009-CR-1096, __ N.E.2d __ (Ind. Ct. App., Jan. 18, 2012).
The date of counsel’s appearance, not of counsel’s appointment, determines whether a defendant’s pro se Criminal Rule 4(B) speedy trial motion is valid.