Indiana Criminal Rule 26 warrants that, where a qualifying arrestee does not present a substantial risk of flight or danger to self or others, a trial court should release the arrestee without money bail or surety subject to such restrictions and conditions as determined by the court. Moreover, our Indiana Code provides that, in setting the amount of bail or deciding whether to grant conditional pre-trial release, trial courts must consider all facts relevant to the risk of a defendant’s failure to appear, including factors enumerated in Indiana Code Section 35-33-8-4(b).
Cooper’s Hawk Indianapolis, LLC v. Ray, No. 21S-CT-56, __ N.E.3d __ (Ind., Feb. 9, 2021).
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