Consultation by alleged delinquent and parents with public defender prior to initial hearing supports conclusion the waiver of counsel at that hearing was knowing, intelligent, and voluntary.
Ishiii v. Young, No. 49A02-1103-PL-31, ___ N.E.2d ___ (Ind. Ct. App., Dec. 6, 2011).
A trial court lacks jurisdiction to review the actions of another court or to issue a writ of mandate or prohibition against another trial court.
Griffith v. Patrick, No. 17A03-1104-ES-190, ___ N.E.2d ___ (Ind. Ct. App., Dec. 7, 2011).
Even though a wife had filed for divorce from her husband at the time she died, the husband is still allowed to petition for survivor’s allowance pursuant to Ind. Code § 29-1-2-14.
Trujillo v. State, No. 71A03-1102-PC-73, __ N.E.2d __ (Ind. Ct. App., Nov. 28, 2011).
Defendant who was 52, lived with his mother, and presented no evidence of any spouse or children in the United States failed to establish the ineffective assistance harm element by showing “special circumstances” to support his contention he would not have pled guilty had defense counsel properly advised him of the immigration consequences of his guilty plea.
Hopper v. State, No. 13S01-1007-PC-399, __ N.E.2d __ (Ind., Nov. 29, 2011).
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.