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.
Criminal
Utley v. State, 20A-CR-1741, __ N.E.3d __ (Ind. Ct. App., Apr. 7, 2021).
The day of the arrest is not included in the fifteen-day time frame for which a defendant, who faces a petition to revoke probation, may be held in jail without a hearing.
Bonds v. State, 20A-CR-1449, __ N.E.3d __ (Ind. Ct. App., March 31, 2021).
An allegation by an inmate that the trial court has not included credit time earned in its sentencing is the type of claim appropriately advanced by a motion to correct sentence.
Harris v. State, 20S-CR-546, __ N.E.3d __ (Ind., Mar. 24, 2021).
Although Indiana Rule of Evidence 615(c) is the proper vehicle to permit a parent-witness to remain in the courtroom despite a separation-of witnesses order, the exception is not automatic; child defendants must still affirmatively show their parent’s presence is “essential.”
Williams v. State, 21S-CR-113, __ N.E.3d __ (Ind., March 16, 2021).
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.