Probable cause affidavit with “multiple levels of hearsay” did not pass the “substantial trustworthiness” test required by a probation revocation subject’s confrontation right.
Appeals
P.J. v. State, No. 49A05-1102-JV-121, __ N.E.2d __ (Ind. Ct. App., Oct. 5, 2011).
A juvenile who enters into a plea agreement to pay a specific amount of restitution waives his right to have the juvenile court inquire into his ability to pay, as he has acknowledges such ability in his plea agreement.
Tesfamariam v. Woldenhaimanot, No. 49A02-1009-DR-105, ___ N.E.2d ___ (Ind. Ct. App., Oct. 4, 2011).
Regarding the use of an interpreter, to address due process concerns in a civil action the court must administer an oath to the interpreter and establish that the interpreter is qualified just as it would in a criminal action.
Tongate v. State, No. 29A02-1102-CR-223, __ N.E.2d __ (Ind. Ct. App., Sept. 16, 2011).
After magistrate had presided at trial, judge properly ruled on motion to correct error after reviewing tape recording of trial.
Stansberry v. State, No. 49A04-1102-CR-75, __ N.E.2d __ (Ind. Ct. App., Sept. 19, 2011).
When suspect charged the officer, it did not amount to the forcibly resisting, obstructing, or interfering with law enforcement required for a resisting law enforcement conviction.