DNA felony conviction swab statute’s “mistake” exception applied to probation officer’s taking of cheek swab from defendant when abstract of judgment officer had indicated a D felony conviction, with no mention of alternative misdemeanor sentencing.
Appeals
Bowling v. State, No. 35A04-1107-CR-407, __ N.E.2d __ (Ind. Ct. App., Jan. 24, 2012).
Guilty plea judge’s failure to advise defendant of right to appeal sentence did not make agreed waiver of the right to appeal open plea sentence unenforceable, when record showed defendant had read the waiver agreement, gone over it with defense counsel, and agreed to it.
Long v. State, No. 49A02-1105-CR-381, __ N.E.2d __ (Ind. Ct. App., Jan. 25, 2012).
Master commissioner, given the same statutory authority as a magistrate, was accordingly not authorized to impose sentence following a guilty plea.
Fletcher v. State, No. 79A02-1009-CR-1096, __ N.E.2d __ (Ind. Ct. App., Jan. 18, 2012).
The date of counsel’s appearance, not of counsel’s appointment, determines whether a defendant’s pro se Criminal Rule 4(B) speedy trial motion is valid.
Castillo-Aguilar v. State, No. 20A04-1003-CR-195, __ N.E.2d __ (Ind. Ct. App., Jan. 20, 2012).
Some questions on police “information sheet,” purportedly used for administrative booking purposes, were investigative in nature under the circumstances of the case, and as the defendant was in custody when given the sheet to fill out the investigative questions were Miranda “interrogation” requiring Miranda warnings before defendant filled the sheet out in order for his answers to be admissible in evidence.