On rehearing, decides not to adopt original opinion’s supervisory waiver-of-counsel rule requiring advice of an attorney’s ability to negotiate with the State.
Jewell v. State, No. 32S04-1104-CR-200, __ N.E.2d __ (Ind. Ct. App., Nov. 30, 2011).
When a defendant is represented by counsel for one offense, the Indiana Constitution permits police to question the defendant about other offenses without counsel present if the other offenses are not “inextricably intertwined” with the charged offense.
Rogers v. State, No. 84A01-1104-CR-148, __ N.E.2d __ (Ind. Ct. App., Nov. 30, 2011).
Defendant in a sex offender registration prosecution waived any ex post facto objection to the registration offense’s application to him when he pled guilty to the offense pursuant to a plea agreement which conferred benefits on him.
Johnson v. State, No. 71A04-1103-CR-194, __ N.E.2d __ (Ind. Ct. App., Nov. 21, 2011).
Indiana probationer, placed in Michigan under Interstate Compact, could not avoid revocation by arguing his arrest and return for probation violation did not comply with Compact provision on probable cause hearing after retaking.
Gray v. State, No. 82S01-1106-CR-328, __ N.E.2d __ (Ind., Nov. 22, 2011).
Affirms bench trial conviction of apartment owner for possessing marijuana found under coffee table by which two teenagers were sitting.