Absent a defendant’s personal waiver on the record, it is fundamental error to deny a request for trial by jury even when defendant was advised of and failed to comply with Criminal Rule 22 requiring a written demand for a jury trial ten days before the scheduled trial date.
Appeals
Messersmith v. State, No. 48A05-1511-CR-1936, __ N.E.3d __ (Ind. Ct. App., Feb. 15, 2017).
Defendant’s due process rights were violated when the trial court allowed the State to withdraw the plea agreement over the Defendant’s’s objection because the victim had not been notified.
Owens v. State, No. 49A02-1605-CR-1142, __ N.E.3d __ (Ind. Ct. App., Jan. 31, 2017).
After a guilty verdict or finding, a trial court judge must allow defense counsel to make a meaningful sentencing argument, must advise defendant of the right to speak on his own behalf, and must afford defendant an opportunity to make a statement.
Harrison Co. Sheriff’s Dept. v. Ayers, No. 22A01-1605-CT-1080, __ N.E.3d __ (Ind. Ct. App., Jan. 31, 2017).
Sheriff’s Department is not vicariously liable for deputy’s actions undertaken in a purely private capacity with no connection to his employment at his home with his gun.
Dumka v. Erickson, No. 20A03-1605-PL-1178, __ N.E.3d __ (Ind. Ct. App., Jan. 31, 2017).
Although the debtor failed to assert the exemption for an IRA, the trial court did not abuse its discretion by taking judicial notice of the exemption and excluding the asset from garnishment.