When pro se post-conviction relief petition raised issues of fact about effective assistance of counsel, the trial court erred when it did not arrange for the petitioner’s participation in the hearing on the issues.
Criminal
St. Clair v. State, No. 76S03-0805-CR-215, __ N.E.2d __ (Ind., Feb. 17, 2009)
Plea agreement for state to “recommend†a fixed sentence was not an “open†plea leaving the trial court with discretion on sentence.
Dunn v. State, No. 20A03-0807-CR-362, __N.E.2d __ (Ind. Ct. App., Feb. 18, 2009)
Statutory consecutive sentence limitations applicable only to felonies did not preclude sentence that three one year misdemeanors sentences be consecutive.
Pelley v. State, No. 71S05-0808-CR-446, __ N.E.2d __ (Ind., Feb. 19, 2009)
Criminal Rule 4(C)’s one-year limitation does not include the time during which trial proceedings have been stayed pending interlocutory appeal. Appointment of a special prosecutor was not required under an appearance of impropriety standard when circumstances indicated regular prosecutor had no actual conflict.
State v. Brown, No. 38A05-0810-CR-573, __ N.E.2d __ (Ind. Ct. App., Feb. 9, 2009)
After officers had completed their response to a complaint about a noisy party and were leaving the site, their demand to see the license of a motorist who was arriving at the party was an unreasonable search under the Indiana Constitution.