Motion to certify interlocutory appeal was deemed denied when the trial court did not rule on it within thirty days of filing; the trial court could not revive the motion by belatedly granting it. Repetitive motion was a motion to reconsider and also was untimely.
E. Tavitas
Vonhoene v. State, 20A-CR-328, __ N.E.3d __ (Ind. Ct. App., March 18, 2021).
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.
Demby v. State, 20A-CR-1012, __ N.E.3d __ (Ind. Ct. App., Feb. 16, 2021).
While aggravated battery is not an inherently included lesser offense of attempted murder, it may become a lesser-included offense depending on how it is charged. Pursuant to Wadle, if the factual circumstances and charging information render aggravated battery a lesser-included offense of attempted murder, the aggravated battery conviction would violate the prohibition against double jeopardy.
DeWees v. State, 20A-CR-1146, __ N.E.3d __ (Ind. Ct. App., Feb. 15, 2021).
Indiana Criminal Rule 26 warrants that, where a qualifying arrestee does not present a substantial risk of flight or danger to self or others, a trial court should release the arrestee without money bail or surety subject to such restrictions and conditions as determined by the court. Moreover, our Indiana Code provides that, in setting the amount of bail or deciding whether to grant conditional pre-trial release, trial courts must consider all facts relevant to the risk of a defendant’s failure to appear, including factors enumerated in Indiana Code Section 35-33-8-4(b).
B.R. v. State, 20A-JV-1203, __ N.E.3d __ (Ind. Ct. App., Jan. 28, 2021).
To prove constructive possession, the State must demonstrate that the person has (1) the capability to maintain dominion and control over the item; and (2) the intent to maintain dominion and control over it.