A defendant has the right to counsel at each critical stage of a criminal matter, unless the defendant relinquishes that right by waiver, forfeiture, or forfeiture with knowledge.
Appeals
Mishra v. State, 20A-XP-1726, __ N.E.3d __ (Ind. Ct. App., Mar. 9, 2021).
A court is not authorized to consider an expunged conviction in the context of an expungement proceeding for purposes of determining whether the person has a conviction within the previous five years.
Ball v. State, 20A-XP-1521, __ N.E.3d __ (Ind. Ct. App., Feb. 23, 2021).
Where a co-defendant in the same case has compensated the victim, the statutory restitution obligation has been satisfied and therefore, the non-paying co-defendant is eligible for expungement.
In the Matter of the Change of Gender Identification of A.B., No. 20A-MI-1580, __ N.E.3d __ (Ind. Ct. App, Feb. 24, 2021).
Parents have authority to petition to change the gender marker of their child on the child’s birth certificate. The appropriate standard is whether the change is in the child’s best interests.
Harvey v. Keyed In Property Management, LLC, No. 20A-SC-1459, __ N.E.3d __ (Ind. Ct. App, Feb. 26, 2021).
Under Small Claims Rule 8(c), an LLC using a full-time employee to represent it can allege damages above $1,500 and waive net damages in excess of the jurisdictional limit; setoffs and counterclaims were not subtracted from the jurisdictional limit.