Galloway v. State, No. 33S01-1004-CR-163, __ N.E.2d __ (Ind., Dec. 22, 2010)

Reverses bench trial rejection of insanity defense because, despite “nonconflicting expert and lay opinion that defendant . . .was insane, the trial court rejected the insanity defense after concluding that the defendant could continue to be a danger to society because of an inadequate State mental health system.”

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Nicoson v. State, No. 32S04–1003–CR–150, __ N.E.2d __ (Ind., Dec. 15, 2010)

Five year enhancement for use of a deadly weapon added to sentence for criminal confinement while armed with a deadly weapon was permitted by statute and by double jeopardy protection.

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Hopper v. State, No. 13S01-1007-PC-399, __ N.E.2d __ (Ind., Sept. 29, 2010)

A defendant seeking to waive counsel and proceed pro se should not only be advised of the dangers of going to trial without a lawyer, as required by Faretta v. California, but should also “be informed that an attorney is usually more experienced in plea negotiations and better able to identify and evaluate any potential defenses and evidentiary or procedural problems in the prosecution’s case.”

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Diaz v. State, No. 20S05–0911–PC–521. __ N.E.2d __ (Ind., Sept. 29, 2010)

Post-conviction Spanish translation expert’s chart of translation errors at guilty plea hearing was a demonstrative exhibit erroneously excluded as hearsay. As post-conviction proceeding evidence did not reveal whether guilty plea and sentencing hearings’ Spanish translation was accurate, post-conviction court is directed to commission its own translation of the hearings and rehear evidence.

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Bingley v. Bingley, No. 02S03-1002-CV-122, __ N.E.2d __ (Ind., Sept. 30, 2010)

“[E]mployer-provided health insurance benefits do constitute an asset [subject to division in a dissolution] once they have vested in a party to the marriage.”

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