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.
Lakes v. Grange Mutual Casualty Co., No. 89S05-1109-CT-53, ___ N.E.2d ___ (Ind., March 20, 2012).
The tortfeasor’s vehicle was underinsured because the amount actually paid to the plaintiff was less than the per-person limit of liability of the underinsurance endorsement.