To constitute a valid waiver of the right to appeal a sentence, the plea agreement, guilty plea and sentencing hearing colloquy, and sentencing order must be clear and consistent as to whether a defendant waives only the right to appeal the conviction or the right to appeal the conviction and sentence.
Criminal
Vonhoene v. State, 20A-CR-328, __ N.E.3d __ (Ind. Ct. App., March 18, 2021).
A defendant has the right to counsel at each critical stage of a criminal matter, unless the defendant relinquishes that right by waiver, forfeiture, or forfeiture with knowledge.
Mishra v. State, 20A-XP-1726, __ N.E.3d __ (Ind. Ct. App., Mar. 9, 2021).
A court is not authorized to consider an expunged conviction in the context of an expungement proceeding for purposes of determining whether the person has a conviction within the previous five years.
Ball v. State, 20A-XP-1521, __ N.E.3d __ (Ind. Ct. App., Feb. 23, 2021).
Where a co-defendant in the same case has compensated the victim, the statutory restitution obligation has been satisfied and therefore, the non-paying co-defendant is eligible for expungement.
Demby v. State, 20A-CR-1012, __ N.E.3d __ (Ind. Ct. App., Feb. 16, 2021).
While aggravated battery is not an inherently included lesser offense of attempted murder, it may become a lesser-included offense depending on how it is charged. Pursuant to Wadle, if the factual circumstances and charging information render aggravated battery a lesser-included offense of attempted murder, the aggravated battery conviction would violate the prohibition against double jeopardy.