Due Process requires that a probationer be competent at his probation revocation hearing.
Criminal
Edwards v. State, No. 49A02-0911-CR-1093, __ N.E.2d __ (Ind. Ct. App., July 13, 2010)
Witnesses who testify that the defendant was not present at the scene, as opposed to affirmatively testifying he was at a different place, are not alibi witnesses for whom an alibi notice is required.
In re Subpoena to Crisis Connection, Inc., No. 19A05-0910-CR-602, __ N.E.2d __ (Ind. Ct. App., July 15, 2010)
Victim-advocate privilege may be limited by defendant’s constitutional rights, with a three-step test (particularity, relevance, no “paramount interest”) to be met by the defense before there will be an in camera review to determine what victim-advocate communications are to be disclosed.
Jones v. State, No. 27A02-1002-CR-168, __ N.E.2d __ (Ind. Ct. App., July 7, 2010)
When the two convictions were based on controlled buys using the same informant and quantity of drugs and were arranged to occur at the same place and took place only two weeks apart, consecutive sentences were inappropriate.
Everling v. State, No. 48S05-0911-CR-506, __ N.E.2d __ (Ind., July 8, 2010)
Judge’s overall conduct during trial demonstrated reversible bias.