Amendment of Ind. Code § 35-33-5-7 to include subsection (f) was a remedial measure intended to clarify that a search warrant is considered “executed” for purposes of Ind. Code § 35-33-5-7 when officers seize the items described in the search warrant.
Criminal
Abbott v. State, 19A-PL-1635, __ N.E.3d __ (Ind. Ct. App., Feb. 15, 2021).
In a civil forfeiture action, the res may be used for defense related expenses.
DeWees v. State, 20A-CR-1146, __ N.E.3d __ (Ind. Ct. App., Feb. 15, 2021).
Indiana Criminal Rule 26 warrants that, where a qualifying arrestee does not present a substantial risk of flight or danger to self or others, a trial court should release the arrestee without money bail or surety subject to such restrictions and conditions as determined by the court. Moreover, our Indiana Code provides that, in setting the amount of bail or deciding whether to grant conditional pre-trial release, trial courts must consider all facts relevant to the risk of a defendant’s failure to appear, including factors enumerated in Indiana Code Section 35-33-8-4(b).
Anderson v. State, 21S-CR-28, __ N.E.3d __ (Ind., Jan. 26, 2021).
Before counsel’s appointment, a trial court must consider a defendant’s pro se motion, like a request for an early trial. After counsel’s appointment, this consideration is left to the trial court’s discretion
Fields v. State, 20A-CR-1799, __ N.E.3d __ (Ind. Ct. App., Jan. 26, 2021).
Notwithstanding a waiver of appeal provision in a plea agreement, a defendant who was sentenced contrary to law is an eligible defendant permitted to seek a belated appeal pursuant to Post-Conviction Rule 2.