Plea agreement for state to “recommend†a fixed sentence was not an “open†plea leaving the trial court with discretion on sentence.
Dunn v. State, No. 20A03-0807-CR-362, __N.E.2d __ (Ind. Ct. App., Feb. 18, 2009)
Statutory consecutive sentence limitations applicable only to felonies did not preclude sentence that three one year misdemeanors sentences be consecutive.
Pelley v. State, No. 71S05-0808-CR-446, __ N.E.2d __ (Ind., Feb. 19, 2009)
Criminal Rule 4(C)’s one-year limitation does not include the time during which trial proceedings have been stayed pending interlocutory appeal. Appointment of a special prosecutor was not required under an appearance of impropriety standard when circumstances indicated regular prosecutor had no actual conflict.
Knoebel v. Clark County Superior Court No. 1, No. 22A01-0808-CV-384, __ N.E.2d __ (Ind. Ct. App., Feb. 17, 2009)
Probation officer demoted from chief probation officer status was not entitled to retain the salary increase for a chief probation officer.
R.W. v. State, No. 31A05-0803-JV-161, __ N.E.2d ___ (Ind. Ct. App., Feb. 19, 2009)
Delinquency initial hearing record did not show juvenile was given a meaningful opportunity to confer with his parent before they waived his right to counsel.