Lack of volition is not a defense to an alleged probation violation.
L. Weissmann
Norton v. State, No. 22A-CR-2314, __ N.E.3d __ (Ind. Ct. App., May 23, 2023).
There is no provision of the appellate rules which permits trial courts to expand the time limit in which to seek appeal as prescribed by Appellate Rule 9
Wainscott v. State, No. 22A-CR-1817, __N.E.3d __ (Ind. Ct. App., May 16, 2023).
A warrant authorizing a search, testing, or other analysis of an item, tangible or intangible, is deemed executed when the item is seized by a law enforcement officer.
Wellman v. State, No. 22A-CR-1673, __N.E.3d __ (Ind. Ct. App., May 10, 2023).
When a trial court grants a defendant’s motion for continuance because of the State’s failure to comply with the defendant’s discovery requests, the resulting delay is not chargeable to the defendant. It does not matter whether the State was negligent in complying the discovery request.
Owens v. State, No. 21A-CR-1900, __ N.E.3d __ (Ind. Ct. App., March 28, 2023).
The criminal code demonstrates our legislature’s intent that a habitual offender amendment be filed no less than 30 days before the beginning of trial as opposed to a particular trial setting.