Marbley-El v. State, No. 71S03-1006-PC-329, __ N.E.2d __ (Ind., June 24, 2010)
Defendant has no jury trial right on sentencing factors for an offense committed after the current sentencing statutes took effect.
Published by the Indiana Judicial Center
Defendant has no jury trial right on sentencing factors for an offense committed after the current sentencing statutes took effect.
If a ruling involves the granting, modifying, or dissolving of a temporary or preliminary injunction and has not been entered within ten days after the hearing thereon, there has been a delay in ruling and an interested party may immediately praecipe for withdrawal under the procedure provided in Trial Rule 53.1(E); it is not necessary for a party to await the thirty-day period described in Trial Rule 53.1(A) before filing a praecipe for withdrawal.
Defendant’s Sixth Amendment public trial right requires that jury selection be open to the public.
When defendant had testified against special prosecutor’s brother-in-law in an unrelated recent case, the special prosecutor’s appointment was dissolved by a Supreme Court writ of mandate and prohibition based on the appearance of impropriety.
Periodic CHINS placement review was transformed into a modification proceeding, so that court’s modification contrary to DCS recommendation was subject to expedited appeal procedure.
Jane Seigel, Executive Director
Michael J. McMahon, Director of Research
Amanda Wishin, Staff Attorney
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Indianapolis, Indiana 46204
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