A series of adverse rulings against one party is not a pattern indicating bias without a demonstration of actual personal bias of the trial judge.
Delao v. State, No. 20A05-1003-CR-182, __ N.E.2d __ (Ind. Ct. App., Jan. 10, 2011)
After judge had instructed parties a request would be necessary to have sidebars recorded due to limitations of recording equipment, defense counsel’s failure to request a recorded sidebar conference meant that the record failed to show the particular grounds for his objection to evidence.
Christie v. State, No. 33A01-1006-CR-306, __ N.E.2d __ (Ind. Ct. App., Jan. 10, 2011)
At State’s request in a community corrections revocation based on defendant’s commission of a new crime, trial judge properly took judicial notice under Ev. Rule 201(b) of records of town court showing defendant’s new conviction in that court.
Cooper v. State, No. 32A05-1005-CR-309, __ N.E.2d __ (Ind. Ct. App., Jan. 11, 2011)
When defendant was convicted of reckless homicide entailing use of a shotgun resulting in the death, imposition of the five year statutory sentence enhancement for use of a firearm did not violate double jeopardy protections.
State v. Laker, No. 24A04-0912-CR-736, __ N.E.2d __ (Ind. Ct. App., Dec. 29, 2010)
Operating a farm tractor while intoxicated is an operating while intoxicated offense, but operating a farm tractor while driving privileges are suspended is not an offense.