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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following opinion was posted after IL’s deadline Wednesday:
Indiana Supreme Court
Stevie Bradley v. State of Indiana
24S-CR-206
Criminal. Finds that St. Joseph Superior Court Judge John Marnocha erred by resetting the Rule 4(B) deadline upon completion of Stevie Bradley’s competency evaluation. But because Bradley failed to properly notify the court of its scheduling error, the high court holds that he waived his right to discharge. Also finds that Bradley did not make a timely objection with sufficient specificity to alert the trial court to its error and to secure his right to a speedy trial. Attorney for appellant: Thomas Keller. Attorneys for appellee: Attorney General Todd Rokita, Office of the Attorney General attorneys Steven Hosler, Andrew Kobe, Angela Sanchez.
Thursday opinions
Indiana Court of Appeals
Robert Carl Christopher v. State of Indiana
24A-CR-1044
Criminal. Affirms Bartholomew Circuit Court Judge Kelly Benjamin’s sentencing order of Robert Christopher to nine years executed in the Department of Correction and one year suspended to probation for felony armed robbery. Finds that the trial court’s allocution procedure was erroneous, but Christopher did not object and has failed to show fundamental error. Also finds Christopher has not met his heavy burden of establishing fundamental error because the matters elicited during cross-examination and further discussed on re-direct examination were part of the pre-sentence investigation report, a report upon which the court relied during sentencing. Attorney for appellant: Benjamin Loheide. Attorneys for appellees: Attorney General Todd Rokita, Assistant Section Chief for Criminal Appeals Kelly Loy.
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