Time of counsel’s appointment, not his appearance, cuts off defendant’s ability to make a valid pro se motion for early trial.
M. Barnes
Bailey v. Bailey, No. 25A04-1309-DR-452., __ N.E.3d __ (Ind. Ct. App., April 22, 2014).
The trial court erred in modifying custody when neither party requested a modification of custody.
Corbally v. State, No. 41A04-1304-CR-175, __ N.E.3d __ (Ind. Ct. App., Mar. 19, 2014).
Testimony by police investigator of victim’s statement to investigator was inadmissible hearsay, and while defendant withdrew his hearsay objection he did not waive the objection under the circumstances
Cunningham v. State, No. 19A05-1310-CR-489, __ N.E.2d __ (Ind. Ct. App., Feb. 27, 2014).
When circumstances did not support a pat-down of stopped motorist, officer’s statement he would pat-down the motorist if the motorist chose to get out of the car was an ultimatum rather than a choice to which the motorist could consent.
Cleary v. State, No. 45A03-1212-CR-518, __ N.E.2d __ (Ind. Ct. App., Jan 24, 2014).
When defendant was charged with both greater and lesser included offenses, and the jury hung on the greater offenses but convicted on the lessers, because the trial court did not enter judgment on the lesser I.C. 35-41-4-3 did not bar retrial of the greater offenses.