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Case Clips

Published by the Indiana Office of Court Services

Kuhn v. State, No. 18A05-0805-PC-257, __ N.E.2d __ (Ind. Ct. App., Feb. 12, 2009)

February 20, 2009 Filed Under: Criminal Tagged With: Appeals, C. Darden

When pro se post-conviction relief petition raised issues of fact about effective assistance of counsel, the trial court erred when it did not arrange for the petitioner’s participation in the hearing on the issues.

St. Clair v. State, No. 76S03-0805-CR-215, __ N.E.2d __ (Ind., Feb. 17, 2009)

February 20, 2009 Filed Under: Criminal Tagged With: R. Shepard, Supreme

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)

February 20, 2009 Filed Under: Criminal Tagged With: Appeals, N. Vaidik

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)

February 20, 2009 Filed Under: Criminal Tagged With: Supreme, T. Boehm

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)

February 20, 2009 Filed Under: Civil Tagged With: Appeals, E. Najam

Probation officer demoted from chief probation officer status was not entitled to retain the salary increase for a chief probation officer.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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