In order to establish prejudice by counsel’s deficient performance resulting in a guilty plea, a defendant must substantiate his claim with contemporaneous evidence and not rely merely on post hoc claims that he would not have pled guilty had he been better advised.
P. Riley
State v. Lucas, No. 18A-CR-92, __ N.E.3d __ (Ind. Ct. App., Sept. 28, 2018).
The search of a vehicle in defendant’s garage did not unconstitutionally exceed the scope of the search warrant under the Fourth Amendment. A search warrant authorizing a search of a particularly described premises permits the search of vehicles owned or controlled by the owner of, and found on, the premises.
State v. Lindauer, No. 87A05-1709-CR-2137, __ N.E.3d __ (Ind. Ct. App., June 20, 2018).
Criminal Rule 4(C) was created to move cases along and not to create a mechanism to avoid trial. A defendant cannot habitually move to reset the preliminary hearing at which the trial date was to be set and then claim that his right to trial within a year was violated.
Cosgray v. French Lick Resort & Casino, No. 59A01-1710-CT-2512 ,__ N.E.3d __ (Ind. Ct. App., May 9, 2018).
Hotel did not owe plaintiff a duty to protect her from a criminal attack by an unknown assailant on their premises.
Flowers v. State, No. 10A01-1703-CR-586, __ N.E.3d __ (Ind. Ct. App., April 18, 2018).
A judge is not bound by a Community Corrections Director’s request to revoke placement in a community corrections program.
A senior judge’s order must be treated the same as an order entered by the presiding judge.