Even though defendant could not prove ineffective assistance of counsel after entering an open plea agreement and receiving a fifty-year sentence, the post-conviction court must hear evidence and determine if the plea was knowing, intelligent, and voluntary.
Appeals
Miller v. State, No. 28A04-1603-CR-634, __ N.E.3d __ (Ind. Ct. App., March 17, 2017).
Defendant is entitled to a new trial when the trial court as fact finder applies the incorrect standard of a “knowing” mens rea rather than “specific intent to kill” in deciding conviction for attempted murder.
Langdon v. State, No. 49A02-1606-CR-1470, __ N.E.3d __ (Ind. Ct. App., March 10, 2017).
There is no statutory basis to impose a second supplemental public defender fee.
Hampton v. State, No. 88A04-1608-CR-1862, __ N.E.3d __ (Ind. Ct. App., March 13, 2017).
Even when the parties enter an agreement removing the Court’s authority to change its terms, the trial court must consider a probationer’s violations and determine appropriate sanctions.
Magic Circle Corp. v. Crowe Horwath, LLP, No. 71A03-1607-PL-1520, __ N.E.3d __ (Ind. Ct. App., March 8, 2017).
The economic loss rule does not have the effect of barring an accountant malpractice claim at tort.