A belated notice of appeal needs to do more than restate the grounds for granting a discretionary appeal; an extraordinary compelling reason to restore the forfeited appeal must be stated.
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.
Tate v. State, 19S-LW-444, __ N.E.3d __ (Ind., Jan. 28, 2021).
Defendant was sentenced to life without parole. The record contained substantial evidence of both the torture and child-molest aggravators on which the jury could reasonably rely. However, because there was a third unchallenged aggravator, torture and child-molest aggravators notwithstanding, any error would not have altered the jury’s recommendation or the trial court’s decision to impose life without parole
B.R. v. State, 20A-JV-1203, __ N.E.3d __ (Ind. Ct. App., Jan. 28, 2021).
To prove constructive possession, the State must demonstrate that the person has (1) the capability to maintain dominion and control over the item; and (2) the intent to maintain dominion and control over it.