A defendant’s waiver of appellate rights is only valid if the sentence is imposed in accordance with the law; however, if a sentence imposed is illegal, and the defendant does not specifically agree to the sentence, the waiver-of-appeal provision is invalid.
Appeals
Bradley v. State, No. 87A01-1711-CR-2584, __ N.E.3d __ (Ind. Ct. App., Oct. 30, 2018).
Defendant’s convictions for two counts of child molesting were affirmed; however, his other conviction for child molesting and conviction for incest were reversed since it is reasonably possible that the jury found him guilty on those counts for the very same acts that were the bases of his convictions for counts one and two.
Brooks v. State, No. 18A-CR-759, __ N.E.3d __ (Ind. Ct. App., Oct. 31, 2018).
While defendant showed obnoxious disrespect for authority, her conviction for resisting law enforcement was reversed because strong, powerful, violent means were not shown to be used to evade a law enforcement official’s rightful exercise of his duties.
Granger v. State, No. 18A-CR-1494, __ N.E.3d __ (Ind. Ct. App., Oct. 31, 2018).
Marijuana grinder is not drug paraphernalia. Paraphernalia is defined as an instrument or device that is used to put or insert a controlled substance into the body and a grinder can only be used to prepare marijuana for ingestion by another means, such as by a joint, a pipe, or a bong.
In re Adoption of L.G.K., No. 18A-AD-371, __ N.E.3d __ (Ind. Ct. App., Oct. 31, 2018).
Trial court properly granted unregistered putative father’s motion for relief from adoption when mother fraudulently claimed that she did not know the identity of child’s father.