When a defendant is represented by counsel for one offense, the Indiana Constitution permits police to question the defendant about other offenses without counsel present if the other offenses are not “inextricably intertwined” with the charged offense.
Supreme
Gray v. State, No. 82S01-1106-CR-328, __ N.E.2d __ (Ind., Nov. 22, 2011).
Affirms bench trial conviction of apartment owner for possessing marijuana found under coffee table by which two teenagers were sitting.
D.C. v. State, No. 49S02-1102-JV-116, __ N.E.2d __ (Ind., Nov. 17, 2011).
Delinquency disposition statutes do not permit imposition of both a determinate DOC commitment and an indeterminate DOC commitment.
Hamilton v. State, No. 49S02-1110-CR-621, __ N.E.2d __ (Ind., Oct. 19, 2011).
Defendant’s A felony child molesting sentence is revised from the fifty year maximum to thirty-five years.
Brock v. State, No. 38S02-1101-CR-8, __ N.E.2d __ (Ind., Oct. 18, 2011).
Defendant had no opportunity to object to the court’s declaration of a mistrial and accordingly cannot be said to have consented to it by failure to timely object, but the repeated improper comments by defense counsel in trial warranted the trial court’s declaration of a mistrial without defense consent, under the manifest necessity standard.