A trial court judge must make credibility findings when ruling on the constitutionality of a prosecutorial preemptory challenge that strikes a prospective African American juror for demeanor-based reasons.
Appeals
Paquette v. State, No. 63A04-1612-CR-2891, __ N.E.3d __ (Ind. Ct. App., June 21, 2017).
Defendant may only be sentenced and convicted of a single count of resisting law enforcement even when the act of resistance caused multiple deaths.
Hart v. State, No. 59A01-1607-CR-1655, __ N.E.3d __ (Ind. Ct. App., June 21, 2017).
A defendant cannot knowingly and intelligently waive his right to counsel absent an advisement regarding the dangers and disadvantages of self-representation.
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.