The post-conviction rules apply to criminal contempt adjudications.
Criminal
Payne v. State, No. 20S-CR-313, __ N.E.3d __ (Ind., May 18, 2020).
When there is no conflict in expert opinion that a defendant is legally insane, the State must present other probative evidence from which to infer the defendant’s sanity.
Jackson v. State, No. 20S-CR-315, __ N.E.3d __ (Ind., May 19, 2020).
The twenty-seven-year sentence the prosecutor recommended, and thirty-six-year enhanced sentence imposed by the trial court, absent more significant aggravating factors, was inappropriate.
Johnson v. State, No. 20S-CR-61, __ N.E.3d __ (Ind., May 22, 2020).
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.
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.