Trial court improperly denied PCR summarily by taking judicial notice of prior guilty-plea proceedings; they had not been submitted as evidence in support of summary disposition under P-C.R. 1(4)(g) and were not part of the “pleadings” that could be considered under P-C.R. 1(4)(f).
R. Pyle
Jerden v. State, No. 07A05-1410-CR-498, ___ N.E.3d ___ (Ind. Ct. App., June 19, 2015).
Trial court erred in reporting four driving-offense guilty verdicts to the BMV when it had entered convictions on only two counts and merged the other two on double-jeopardy grounds.
Lampley v. State, No. 48A04-1405-CR-231, ___ N.E.3d ___ (Ind. Ct. App., May 27, 2015).
State’s failure to introduce conditions of probation into evidence was not the “better practice” and “runs the risk of not satisfying” the standard of review for probation revocation; however, probationer’s admission to unlawful conduct (smoking marijuana) after release from prison supported revocation.
Amphonephong v. State, No. 02A03-1402-CR-88, ___ N.E.3d ___ (Ind. Ct. App., May 27, 2015).
Order granting permission to file belated Notice of Appeal under Post-Conviction Rule 2(1) need not include specific findings about the defendant’s diligence or lack of fault.
Hatchett v. State, No. 49A02-1408-CR-561, ___ N.E.3d ___ (Ind. Ct. App., May 28, 2015).
Jury was correctly instructed on invasion of privacy; but under actual-evidence test for double jeopardy, one phone call could support only one invasion of privacy conviction, even though it violated both a protective order and a no-contact order.