Post-conviction court erred in finding that defendant received effective assistance of trial counsel; there was no serious dispute that counsel (now deceased) had failed prior to trial to communicate a guilty-plea offer that would have reduced defendant’s sentence exposure to about half of what he actually received.
E. Najam
D.A. v. State, No. 48A02-1504-MI-215, ___ N.E.3d ___ (Ind. Ct. App. Dec. 31, 2015).
Trial court, having expunged defendant’s convictions, should also have granted defendant’s request to expunge the records of a civil forfeiture proceeding that arose from the same facts underlying the convictions; expungement statute was ambiguous on that point, but as a remedial statute must be liberally construed.
Lewis v. State, No. 49A02-1504-CR-193, ___ N.E.3d ___ (Ind. Ct. App. Nov. 30, 2015).
Fleeing from police by auto, then by foot, was one continuous act of fleeing and therefore, under federal double jeopardy principles, could support only one conviction for resisting law enforcement.
Hilligoss v. State, No. 34A02-1506-CR-529, ___ N.E.3d ___ (Ind. Ct. App. Nov. 18, 2015).
Failing to advise defendant of constitutional rights before accepting his admission to violating probation is a fundamental violation of due process, requiring remand for new revocation hearing. Extensions of probation for previous violations exceeded one additional year in violation of I.C. § 35-38-2-3(h)(2).
Moore v. State, No. 29A02-1507-CR-866, ___ N.E.3d ___ (Ind. Ct. App. Nov. 6, 2015).
Evidence was sufficient to convict defendant of failure to register as a sex offender, even though he had moved to Kentucky and was no longer an Indiana resident, because as under I.C. § 11-8-8-17(a)(5) provides, he had knowingly ceased to reside at the Indiana address he had previously registered.