Trial counsel were ineffective when they stipulated to fact of which there was a serious evidentiary dispute, and when they failed to seek a lesser-included instruction that would have been available absent the stipulation.
N. Vaidik
Hobbs v. State, 19A-CR-909, __ N.E.3d __ (Ind. Ct. App., Nov. 30, 2020).
In child molesting cases, even assuming the defense at trial remains the same, amendments to the charging information which add entirely new charges a mere two weeks before trial constitutes insufficient notice.
Williams v. State, 20A-CR-1209, __ N.E.3d __ (Ind. Ct. App., Nov. 12, 2020).
Indiana’s theft statute does not criminalize the taking of lost or mislaid property.
Crouse v. State, 19A-CR-3008, __ N.E.3d __ (Ind. Ct. App., Oct. 8, 2020).
A waiver of appeal set forth as part of a plea agreement applies only to sentences imposed in accordance with the law.
Hill v. State, 19A-CR-2083, __ N.E.3d __ (Ind. Ct. App., Oct. 2, 2020).
Multiple reckless homicide convictions, based on multiple victims, do not violate double jeopardy.