When the trial transcript was not completed by the date of the P-C.R. hearing, the P-C.R. court did not err in admitting the “then-unavailable transcript” into evidence, with the consent of State and the petitioner, at the hearing in anticipation of its being admitted after completion.
Criminal
Galloway v. State, No. 33S01-1004-CR-163, __ N.E.2d __ (Ind., Dec. 22, 2010)
Reverses bench trial rejection of insanity defense because, despite “nonconflicting expert and lay opinion that defendant . . .was insane, the trial court rejected the insanity defense after concluding that the defendant could continue to be a danger to society because of an inadequate State mental health system.”
Belmares-Bautista v. State, No. 57A04-1003-CR-223, __ N.E.2d __ (Ind. Ct. App., Dec. 22, 2010)
When defendant made no claim that Spanish language documents he read erroneously translated a standard advisement of the right to counsel or that he did not understand the advice, he failed to show his waiver of counsel was not knowing, voluntary, and intelligent.
Jones v. State, No. 32A04-1004-CR-309, __ N.E.2d __ (Ind. Ct. App., Dec. 27, 2010)
Reverses order for $1322.60 jury fee, as statute authorizes no more than $2 as a jury fee. Remands for ability to pay determination as required by statute for order requiring payment of $4527 appointed counsel fee and $164 docket fee.
Nicoson v. State, No. 32S04–1003–CR–150, __ N.E.2d __ (Ind., Dec. 15, 2010)
Five year enhancement for use of a deadly weapon added to sentence for criminal confinement while armed with a deadly weapon was permitted by statute and by double jeopardy protection.