Neither the Interstate Agreement on Detainers nor the writ of habeas corpus ad prosequendum procedures applied to defendant while he was in federal custody for ten months; Criminal Rule 4 consequently was applicable, and the time the defendant was in federal custody was attributable to the defendant under the Criminal Rule 4(C) one-year rule.
Criminal
Clark v. State, No. 48A04-1104-CR-249, __ N.E.2d __ (Ind. Ct. App., Dec. 5, 2011).
When probation is transferred to another county, the forty-five day filing deadline for a revocation in I.C. 35-38-2-3(a)(2)(B) begins when the receiving court with supervisory authority has notice of the violation, and not when the sentencing court first learns of the violation.
Jones v. State, No. 34A05-1101-CR-66, __ N.E.2d __ (Ind. Ct. App., Dec. 5, 2011).
Police substantially complied with statute on destruction of hazardous chemicals so that photographs and other evidence of the chemicals was properly admitted at trial.
Trujillo v. State, No. 71A03-1102-PC-73, __ N.E.2d __ (Ind. Ct. App., Nov. 28, 2011).
Defendant who was 52, lived with his mother, and presented no evidence of any spouse or children in the United States failed to establish the ineffective assistance harm element by showing “special circumstances” to support his contention he would not have pled guilty had defense counsel properly advised him of the immigration consequences of his guilty plea.
Hopper v. State, No. 13S01-1007-PC-399, __ N.E.2d __ (Ind., Nov. 29, 2011).
On rehearing, decides not to adopt original opinion’s supervisory waiver-of-counsel rule requiring advice of an attorney’s ability to negotiate with the State.