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It occurs to us that the appellant in this case was not given the opportunity to have counsel at the proper time nor was she told that the State would furnish counsel if she was unable to secure counsel because of financial conditions. Appellant filed a motion for a separate trial from her co-defendants, which was denied by the court.
Jul 31, 2024 · Ind. Appellate Rule 7(B); see also Rutherford v. State, 866 N.E.2d 867, 873 (Ind.Ct.App. 2007). [¶12] Indiana's flexible sentencing scheme allows trial courts to tailor an appropriate sentence to the circumstances presented, and the trial court's judgment "should receive considerable deference." Cardwell v. State, 895 N.E.2d 1219, 1224 (Ind ...
8 hours ago · WLS – Chicago. Sat, August 31, 2024, 11:46 PM EDT. A 14-year-old girl was stabbed in the hand by a suspect wielding a butcher-style knife while she was watching her brother's baseball game ...
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- Opinion by Justice David
- David, Justice.
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Chief Justice Rush and Justices Massa, Slaughter, and Goff concur.
Indiana’s Constitution affords its citizens certain rights, including the right to counsel through all stages of a prosecution. That right entitles an accused to consult with counsel while in police custody. In Pirtle v. State, our Court relied on our State Constitution to require an advisement of rights prior to police obtaining consent to a sea...
For the aforementioned reasons, we find that consent to a DRE does not require an advisement of rights under Pirtle. The trial court correctly determined that the evidence obtained as a result of the exam was admissible. Accordingly, we affirm Dycus’s conviction. Rush, C.J., and Massa, Slaughter, and Goff, JJ., concur. ATTORNEYS FOR APPELLANT ...
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[¶10] We agree with the State that a trial court has discretion as to whether leniency will be accorded under Indiana Code Section 35-50-2-7. See e.g., F.D.F. v. State, 916 N.E.2d 708, 711 (Ind.Ct.App. 2009) (recognizing that the trial court is vested with "broad" discretion in utilizing AMS). But we cannot say with confidence that the trial ...
