A defendant seeking to waive counsel and proceed pro se should not only be advised of the dangers of going to trial without a lawyer, as required by Faretta v. California, but should also “be informed that an attorney is usually more experienced in plea negotiations and better able to identify and evaluate any potential defenses and evidentiary or procedural problems in the prosecution’s case.”
R. Shepard
Diaz v. State, No. 20S05–0911–PC–521. __ N.E.2d __ (Ind., Sept. 29, 2010)
Post-conviction Spanish translation expert’s chart of translation errors at guilty plea hearing was a demonstrative exhibit erroneously excluded as hearsay. As post-conviction proceeding evidence did not reveal whether guilty plea and sentencing hearings’ Spanish translation was accurate, post-conviction court is directed to commission its own translation of the hearings and rehear evidence.
Bingley v. Bingley, No. 02S03-1002-CV-122, __ N.E.2d __ (Ind., Sept. 30, 2010)
“[E]mployer-provided health insurance benefits do constitute an asset [subject to division in a dissolution] once they have vested in a party to the marriage.”
Sheehan Construction Co., Inc. v. Continental Casualty Co., No. 49S02-1001-CV-32, __ N.E.2d __ (Ind., Sept. 30, 2010)
“[A] standard commercial general liability (“CGL”) insurance policy covers an insured contractor for the faulty workmanship of its subcontractor.”
Everling v. State, No. 48S05-0911-CR-506, __ N.E.2d __ (Ind., July 8, 2010)
Judge’s overall conduct during trial demonstrated reversible bias.