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.
Criminal
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.
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.