Upon a request for self-representation, the defendant should be made aware of the dangers and disadvantages of self-representation, so that the record will establish a knowing and intelligent decision.
E. Brown
Sawyer v. State, 20A-CR-1446, __ N.E.3d __ (Ind. Ct. App., May 19, 2021).
Indiana Code § 35-40-5-11.5, effective March 18, 2020, restricts a defendant’s ability to take the deposition of a child less than sixteen years of age who is the victim or alleged victim of a sex offense. Because the statute is procedural in nature, and because it conflicts with the Indiana Trial Rules, the Indiana Trial Rules govern and the provisions of the statute in conflict are a nullity.
Bonds v. State, 20A-CR-1449, __ N.E.3d __ (Ind. Ct. App., March 31, 2021).
An allegation by an inmate that the trial court has not included credit time earned in its sentencing is the type of claim appropriately advanced by a motion to correct sentence.
Campbell v. State, 19A-CR-2414, __ N.E.3d __ (Ind. Ct. App., Dec. 21, 2020).
To file a belated habitual offender charge, the State must affirmatively demonstrate good cause.
Larkin v. State, 19A-CR-2705, __ N.E.3d __ (Ind. Ct. App., Nov. 09, 2020).
For the jury to receive an instruction on alleged lesser-included offense, the offense must either be an inherently or factually included offense to the principal charge and there must be a serious evidentiary dispute regarding the element that distinguishes the lesser offense from the principal charge. Moreover, a defendant must receive fair notice of the charge against which he must defend at trial.