Even though defendant could not prove ineffective assistance of counsel after entering an open plea agreement and receiving a fifty-year sentence, the post-conviction court must hear evidence and determine if the plea was knowing, intelligent, and voluntary.
Miller v. State, No. 28A04-1603-CR-634, __ N.E.3d __ (Ind. Ct. App., March 17, 2017).
Defendant is entitled to a new trial when the trial court as fact finder applies the incorrect standard of a “knowing” mens rea rather than “specific intent to kill” in deciding conviction for attempted murder.
Beville v. State, No. 84S01-1606-CR-347, __ N.E.3d __ (Ind., March 17, 2017).
The State has the burden of proving the essential elements of an informer’s privilege before the burden shifts to the defendant to prove an exception to that privilege.
McCullough v. CitiMortgage, Inc., No. 71S03-1605-MF-272, __ N.E.3d __ (Ind., March 14, 2017).
Unrepresented litigants failed to understand that bankruptcy discharged them from in personam liability, but that their in rem liability for the mortgage remained. Summary judgment on the mortgage foreclosure was properly granted.
Langdon v. State, No. 49A02-1606-CR-1470, __ N.E.3d __ (Ind. Ct. App., March 10, 2017).
There is no statutory basis to impose a second supplemental public defender fee.