A defendant cannot knowingly and intelligently waive his right to counsel absent an advisement regarding the dangers and disadvantages of self-representation.
Appeals
Abney v. State, No. 34A02-1608-CR-1746, __ N.E.3d __ (Ind. Ct. App., June 22, 2017).
A judge is not required to recuse because an attorney in the case is involved in the judge’s judicial campaign unless an objective person, knowledgeable of all the circumstances, would have a rational basis for doubting the judge’s impartiality.
De La Cruz v. State, No. 49A05-1610-CR-2417, __ N.E.3d __ (Ind. Ct. App., June 23, 2017).
Only the trial court, not the probation department, has the authority to assess probation fees against a defendant.
Burgh v. State, No. 71A03-1611-CR-2669, __ N.E.3d __ (Ind. Ct. App., June 23, 2017).
As a matter of first impression, the Court of Appeals held that the paved surface of a parking lot may be considered as a deadly weapon capable of causing serious bodily injury.
Angel Shores Mobile Home Park, Inc. v. Crays, No. 79A02-1605-CT-1106, __ N.E.3d __ (Ind. Ct. App., June 20, 2017).
Child Wrongful Death Statute allows the recovery of attorney’s fees and expenses.