Trial court erred in concluding defendant was not indigent for purposes of appointment of counsel paid at public expense.
Appeals
Vaughn v. State, No. 45A05-1102-CR-5, __ N.E.2d __ (Ind. Ct. App., Sept. 14, 2011).
Mistrial was required when bailiff, at court’s direction, restrained defendant and placed a hand over defendant’s mouth as jurors were leaving the courtroom after defendant, about to testify in his own behalf, launched into a criticism of defense counsel which continued despite court’s orders to stop.
Lucas v. McDonald, No. 63A04-1010-PL-644, __ N.E.2d __ (Ind. Ct. App., Sept. 15, 2011).
Sex offender registration relief statute confers discretion on court to deny relief even though the court finds the petitioner has made the showings required by the remedy statute to qualify for relief or, in the absence of findings, even though the evidence in the record would support a decision the petitioner made the required showings.
In re: The Order of Contempt Against Benson, et al v. Co-Alliance, LLP, No. 55A04-1010-CC-64, ___ N.E.2d ___ (Ind. Ct. App., Sept. 6, 2011)
Trial court had jurisdiction to order an attorney to pay funds for attorney’s contempt in an action stayed by the bankruptcy court because the funds paid were not property of the bankruptcy estate, but the attorney’s personal money and for damages resulting from the attorney’s contempt.
Coleman v. State, No. 49A02-1101-CR-12, __ N.E.2d __ (Ind. Ct. App., Aug. 26, 2011).
For purpose of the consecutive sentencing statute, a conspiracy to commit a “crime of violence” is not itself a “crime of violence.”