A general waiver of a right to appeal a sentence in plea agreement, when contained in the same sentence as an unenforceable waiver of post-conviction relief, is insufficiently explicit to establish a knowing and voluntary waiver of the right to appeal a sentence.
Criminal
Wahl v. State, No. 19A-CR-2258, __ N.E.3d __ (Ind. Ct. App., May 12, 2020).
Video reenactment may be taken with consent and questions during such reenactment due not amount to custodial interrogation where the officer’s inquiry is merely general on-the-scene questioning as to facts surrounding a crime or other general questioning of citizens in the fact-finding process.
Harris v. State, No. 19A-CR-1863, __ N.E.3d __ (Ind. Ct. App., May 13, 2020).
Pursuant to Indiana Rule of Evidence 615(c), the parent of a juvenile waived to adult court is a person whose presence a party shows to be essential to presenting the party’s claim or defense.
Yeager v. State, No. 20A-CR-121, __ N.E.3d __ (Ind. Ct. App., May 5, 2020).
If an arrestee does not present a substantial risk of flight or danger to themselves or others, a trial court should release the arrestee without money bail or surety subject to such restrictions to ensure appearance for trial.
Holsapple v. State, No. 19A-CR-2069 __ N.E.3d __ (Ind. Ct. App., May 6, 2020).
The prosecution may not enter into an agreement which deprives a trial court discretion to impose sanctions for probation violations.