A petition for post-conviction relief tendered to a trial court without the verification required by Post-Conviction Rule 1 is not properly filed.
Criminal
State v. Katz, No. 20S-CR-632, __ N.E.3d __ (Ind., Jan. 18, 2022).
Ind. Code § 35-45-4-8, which criminalizes the non-consensual distribution of an intimate image, does not violate the free interchange clause of the Indiana Constitution, or the First Amendment to the United States Constitution.
Wihebrink v. State, No. 20S-CR-632, __ N.E.3d __ (Ind. Ct. App., Jan. 24, 2022).
An appeal waiver, despite a challenge to aggravators or mitigators found by the trial court at the time of sentencing, is enforceable because such a challenge is not one of illegality.
Marshall v. State, No. 21A-CR-1123, __ N.E.3d __ (Ind. Ct. App., Jan. 7, 2022).
Upon a request for self-representation, the defendant should be made aware of the dangers and disadvantages of self-representation, so that the record will establish a knowing and intelligent decision.
Guthery v. State, No. 21A-CR-711, __ N.E.3d __ (Ind. Ct. App., Dec. 22, 2021).
The felony suspendability statute is not a progressive penalty statute, as it does not elevate the seriousness of an offense and its corresponding penalty due to a previous conviction. Rather, it merely limits the discretion of the trial court to order a sentence to be suspended, all within the existing sentencing range for the offense. To that end, the felony suspendability statute is not a sentencing enhancement statute to which double-enhancement analysis applies.