A defendant cannot knowingly and intelligently waive his right to counsel absent an advisement regarding the dangers and disadvantages of self-representation.
Snow v. State, No. 45S03-1703-CR-169, __ N.E.3d __ (Ind., June 22, 2017).
Res gestae is no longer a proper basis for admitting evidence; instead, admissibility is determined under Indiana’s Rules of Evidence.
Harris v. State, No. 45S03-1703-CR-172, __ N.E.3d __ (Ind., June 22, 2017).
Although properly admitted evidence was not relevant to his alleged crimes at a joint trial, defendant waived his fair trial argument because he never moved for a separate trial and he first raised the issue at oral argument.
Abney v. State, No. 34A02-1608-CR-1746, __ N.E.3d __ (Ind. Ct. App., June 22, 2017).
A judge is not required to recuse because an attorney in the case is involved in the judge’s judicial campaign unless an objective person, knowledgeable of all the circumstances, would have a rational basis for doubting the judge’s impartiality.
De La Cruz v. State, No. 49A05-1610-CR-2417, __ N.E.3d __ (Ind. Ct. App., June 23, 2017).
Only the trial court, not the probation department, has the authority to assess probation fees against a defendant.