While social security income may not itself be levied against to pay a criminal restitution order, social security may be taken into account in determining a defendant’s ability to pay restitution.
Missouri v. Fry, No. 10–444, 566 U.S. __ (Mar. 21, 2012).
The Sixth Amendment right to the effective assistance of counsel imposes on defense counsel “the duty to communicate formal offers from the prosecution to accept a plea on terms and conditions that may be favorable to the accused.”
Lafler v. Cooper, No. 10–209, 566 U.S. __ (Mar. 21, 2012).
Addresses “how to apply Strickland’s [Sixth Amendment ineffective assistance of counsel] prejudice test where ineffective assistance results in a rejection of the plea offer and the defendant is convicted at the ensuing trial.”
Nicholson v. State, No. 55S01-1107-CR-444, __ N.E.2d __ (Ind., Mar. 21, 2012).
Stalking conviction affirmed when alleged harassment included a twenty-two month hiatus, due largely to defendant’s incarceration.
Bunch v. State, No. 16A05-1007-PC-439, __ N.E.2d __ (Ind. Ct. App., Mar. 21, 2012).
Expert “fire victim toxicology analysis” testimony, developed as scientifically reliable after defendant’s arson felony murder trial, constituted newly discovered evidence and warranted a new trial.