Prosecutor’s having signed a contract to write a book about the prosecution, along with indications he still intended to write the book after the second retrial was completed, was an “actual conflict of interest” warranting his replacement with a special prosecutor.
Brent v. State, No. 34A04-1105-CR-268, __ N.E.2d __ (Ind. Ct. App., Nov. 17, 2011).
Marijuana found on street on passenger’s side of auto, where it may have been thrown from passenger’s window, coupled with driver’s suspicious behavior, was not sufficient to establish the passenger possessed the marijuana.
Carraway v. State, No. 47A01-1104-CR-162, __ N.E.2d __ (Ind. Ct. App., Nov. 17, 2011).
Trial court’s failure to take guilty plea into account as a mitigating factor required remand for resentencing.
D.E. v. State, No. 49A02-1103-JV-319, __ N.E.2d __ (Ind. Ct. App., Nov. 14, 2011).
Counsel’s signature on delinquent’s plea agreement was sufficient to establish a proper waiver of his rights, notwithstanding absence of parental signatures.
D.C. v. State, No. 49S02-1102-JV-116, __ N.E.2d __ (Ind., Nov. 17, 2011).
Delinquency disposition statutes do not permit imposition of both a determinate DOC commitment and an indeterminate DOC commitment.