Opinions Feb. 9, 2021

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Indiana Court of Appeals
Travis W. Phelps v. State of Indiana (mem. dec.)

20A-CR-831
Criminal. Affirms Travis Walker Phelps’ convictions for murder and attempted murder but reverses his firearm enhancement. Finds the trial court did not abuse its discretion in instructing the jury or admitting evidence. Also finds that the Vanderburgh Superior Court failed to advise Phelps of his rights and therefore Phelps did not knowingly, intelligently and voluntarily waive his right to a jury trial on the enhancement. Remands for a new proceeding on the firearm enhancement.

David Varble v. State of Indiana (mem. dec.)
20A-CR-1344
Criminal. Affirms David Varble’s conviction of Class C misdemeanor reckless driving. Finds Varble has failed to establish that a fair trial was impossible due to allegations of prosecutorial misconduct. Also finds there was sufficient evidence to support his conviction.

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