Indiana Code § 35-40-5-11.5, effective March 18, 2020, restricts a defendant’s ability to take the deposition of a child less than sixteen years of age who is the victim or alleged victim of a sex offense. Because the statute is procedural in nature, and because it conflicts with the Indiana Trial Rules, the Indiana Trial Rules govern and the provisions of the statute in conflict are a nullity.
Criminal
Mosley v. State, 20A-CR-2094, __ N.E.3d __ (Ind. Ct. App., May 21, 2021).
A no-contact order cannot be issued to protect a deceased person and probation cannot be revoked based on violation of that void order.
Wright v. State, 20S-LW-260, __ N.E.3d __ (Ind., May 4, 2021).
When deciding whether a defendant properly waives the right to counsel in capital and LWOP cases, a trial court should frame its waiver inquiry with the state’s heightened reliability interests in mind. That inquiry should focus on whether, and to what extent, the defendant has prior experience with the legal system; the scope of the defendant’s knowledge of criminal law, legal procedures, rules of evidence, and sentencing; and whether and to what extent the defendant can articulate and present any possible defenses, including lesser-included offenses and mitigating evidence.
Wampler v. State, 20A-PC-2043, __ N.E.3d __ (Ind. Ct. App., Apr. 28, 2021).
A trial court does not have the authority to resentence a defendant who has served his sentence and been released from the DOC.
State v. Ellis, 21S-CR-159, __ N.E.3d __ (Ind., April 26, 2021).
When a defendant is processed for home detention, a waiver of the “rights against search and seizure” clearly encompasses the right to be free from search and seizure absent reasonable suspicion.