Trial court has no duty to set a trial date when defendant absconds and fails to appear; Criminal Rule 4(C) one year did not begin to run until defendant’s notice of his incarceration in another county and request for trial were received by the trial court and the prosecutor; fact jail may have known of defendant’s presence in the other county was not attributable to court and prosecutor in this case.
T. Crone
Hawkins v. State, No. 79A02-1101-CR-100, __ N.E.2d __ (Ind. Ct. App., July 18, 2011).
Sentence modification statute’s 365 day period in which judge may modify without prosecutor agreement starts when original sentence is imposed and is not “reset” with a resentencing.
Berry v. State, No. 49A04-1008-CR-536, __ N.E.2d __ (Ind. Ct. App., July 20, 2011).
Reverses bench trial conviction and acquits defendant on the basis of caselaw “fixed insanity” doctrine that a “defendant who manifests a mental disease or defect, as opposed to intoxication, caused by prolonged and chronic alcohol abuse that renders him or her unable to distinguish right from wrong is not responsible for a crime committed while in that condition.”
Edmond v. State, No. 49A04-1012-CR-756, __ N.E.2d __ (Ind. Ct. App., July 14, 2011).
Odor of burned marijuana on traffic stop driver’s breath conferred probable cause to arrest.
Beeler v. State, No. 49A05-1007-CR-456, __ N.E.2d __ (Ind. Ct. App., Apr. 27, 2011)
The transcript contained no admissions by the probationer of the alleged probation violation, and without such admissions the revocation without a hearing would be fundamental error, but as there was a notation in the CCS that an admission was made and this notation was presumptively true, the probationer failed to demonstrate fundamental error.