Presence of defendant’s DNA on an object at the crime scene, standing alone, was insufficient to prove he committed the offense.
T. Crone
Lopez v. State, No. 15A01-1212-CR-550, __ N.E.2d __ (Ind. Ct. App., Apr. 8, 2013).
When the State had seized considerable sums from defendant’s safe deposit boxes, the adverse effect flight would have on his ability to recover the money was a factor the court should have given some weight to in setting bail.
Carrillo v. State, No. 49A02-1112-PC-1209, __ N.E.2d __ (Ind. Ct. App., Feb. 18, 2013).
Suggests the trial court judge may play a role in having defense counsel advise defendant of the immigration consequences of a guilty plea, in holding that it was not ineffective assistance in 2006 for counsel to fail to determine whether defendant was not a citizen.
Carrillo v. State, No. 49A05-1108-PC-437, __ N.E.2d __ (Ind. Ct. App., Feb. 18, 2013).
Defendant’s relationships with family and length of presence in the United States were sufficient to establish he might not have accepted a guilty plea bargain had he been advised of the immigration consequences of the plea.
Orndorff v. Ind. Bureau of Motor Vehicles, No. 53A04-1206-PL-299, __ N.E.2d __ (Ind. Ct. App., Dec. 26, 2012).
Under the circumstances of this case, a preliminary injunction based on laches should be issued against BMV imposition of Habitual Traffic Violator suspension eight years after HTV status arose.