“Open plea” of guilty to multiple OWI charges did not waive defendant’s double-jeopardy challenge to those convictions.
M. May
Steele v. State, No. 49A02-1408-CR-585, ___ N.E.3d ___ (Ind. Ct. App., Aug. 18, 2015).
Domestic-battery victim’s hearsay statement to forensic nurse examiner was admissible as statement for medical diagnosis or treatment. Sentencing order properly “merged” multiple counts, without entering conviction on them, to avoid double-jeopardy violation.
Rodgers v. State, No. 20A03-1412-CR-438, ___ N.E.3d ___ (Ind. Ct. App., Aug. 7, 2015).
Court could not order defendant to participate in victim-offender reconciliation program (VORP) without his agreement.
Buford v. State, No. 20A05-1408-CR-392, ___ N.E.3d ___ (Ind. Ct. App., July 24, 2015).
Search warrant was invalid; uncorroborated anonymous tip of drug dealing at defendant’s home, plus police smelling burnt marijuana and seeing unspecified amount of marijuana “shake” on table in the home, did not establish probable cause of drug dealing.
Kowalskey v. State, No. 32A01-1503-CR-99, ___ N.E.3d ___ (Ind. Ct. App., July 30, 2015).
Defendant’s conduct did not waive his right to counsel. His oral and written requests for the trial court to compel discovery were not obstreperous, and trial court had neither adequately advised defendant of the dangers of self-representation nor made necessary findings on whether his conduct under the circumstances constituted knowing and intelligent waiver of counsel.