Police substantially complied with statute on destruction of hazardous chemicals so that photographs and other evidence of the chemicals was properly admitted at trial.
Criminal
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.
Jewell v. State, No. 32S04-1104-CR-200, __ N.E.2d __ (Ind. Ct. App., Nov. 30, 2011).
When a defendant is represented by counsel for one offense, the Indiana Constitution permits police to question the defendant about other offenses without counsel present if the other offenses are not “inextricably intertwined” with the charged offense.
Rogers v. State, No. 84A01-1104-CR-148, __ N.E.2d __ (Ind. Ct. App., Nov. 30, 2011).
Defendant in a sex offender registration prosecution waived any ex post facto objection to the registration offense’s application to him when he pled guilty to the offense pursuant to a plea agreement which conferred benefits on him.