Mitchell motion in Indiana

2020See Mitchell, 946 N.E.2d at 645 (panel unable to address Mitchell’s claim of ineffective assistance; Mitchell did not present trial record during post-conviction hearing).

2018Court of Appeals of Indiana | Memorandum Decision 49A02-1707-CR-1566 | Feburary 22, 2018 Page 11 of 16 [20] Pursuant to Indiana Code section 35-34-1-2(a)(5), a charging information must “stat[e] the date of the offense with sufficient particularity to show that the offense was committed within the period of limitations applicable to that offense.” Accordingly, our courts have previously determined that “when time is not an element of a crime, or ‘of the essence of the offense,’ the State is only required to prove that the offense occurred any time within the statutory period of limitations; th

2004Mitchell then discusses Price v. State, in which our supreme court held that "treating as abuse political speech which does not harm any particular individual ("public nuisance") does amount to a material burden, but that sanctioning expression which inflicts upon determinable parties harm of a gravity analogous to that required under tort law does not." Price, 622 N.E.2d 954, 964 (Ind.1993).

2003But see Davis v. State, 771 N.E.2d 647, 649 (Ind.2002) (finding that in the context of whether the court of appeals had jurisdiction to hear a belated appeal from the denial of a motion to correct erroneous sentence, the motion must be considered a petition for post-conviction relief); Evans v. State, 751 N.E.2d 245, 247 (Ind.Ct.App.2001) (considering appeal from the denial of a motion to correct erroneous sentence as an appeal from the denial of a petition for post-conviction relief); Waters, 703 N.E.2d at 689 (construing a motion to correct erroneous sentence as a successive petition for pos

2003See Mitchell, 726 N.E.2d at 1243 (affirming the trial court's grant of Mitchell's motion to correct erroneous sentence where Mitchell's sentence violated double jeopardy); Everroad v. State, 730 N.E.2d 222, 224 (Ind.Ct.App.2000) (reversing the trial court's denial of Everroad's motion to correct erroneous sentence wherein Everroad claimed that the trial court erred in failing to hold an indigency hearing before imposing fines and costs); Funk, 714 N.E.2d at 748-49 (evaluating a motion alleging Funk was convicted of a non-existent crime as a motion to correct erroneous sentence, not as a petiti

2003But see Davis v. State, 771 N.E.2d 647, 649 (Ind.2002) (finding that in the context of whether the court of appeals had jurisdiction to hear a belated appeal from the denial of a motion to correct erroneous sentence, the motion must be considered a petition for post-conviction relief); Evans v. State, 751 N.E.2d 245, 247 (Ind.Ct.App.2001) (considering appeal from the denial of a motion to correct erroneous sentence as an appeal from the denial of a petition for post-conviction relief); Waters, 703 N.E.2d at 689 (construing a motion to correct erroneous sentence as a successive petition for pos

2003But see Davis v. State, 771 N.E.2d 647, 649 (Ind.2002) (finding that in the context of whether the court of appeals had jurisdiction to hear a belated appeal from the denial of a motion to correct erroneous sentence, the motion must be considered a petition for post-conviction relief); Evans v. State, 751 N.E.2d 245, 247 (Ind.Ct.App.2001) (considering appeal from the denial of a motion to correct erroneous sentence as an appeal from the denial of a petition for post-conviction relief); Waters, 703 N.E.2d at 689 (construing a motion to correct erroneous sentence as a successive petition for pos

2003See Mitchell, 726 N.E.2d at 1243 (affirming the trial court's grant of Mitchell's motion to correct erroneous sentence where Mitchell's sentence violated double jeopardy); Everroad v. State, 730 N.E.2d 222, 224 (Ind.Ct.App.2000) (reversing the trial court's denial of Everroad's motion to correct erroneous sentence wherein Everroad claimed that the trial court erred in failing to hold an indigency hearing before imposing fines and costs); Funk, 714 N.E.2d at 748-49 (evaluating a motion alleging Funk was convicted of a non-existent crime as a motion to correct erroneous sentence, not as a petiti

2003See Mitchell, 726 N.E.2d at 1243 (affirming the trial court's grant of Mitchell's motion to correct erroneous sentence where Mitchell's sentence violated double jeopardy); Everroad v. State, 730 N.E.2d 222, 224 (Ind.Ct.App.2000) (reversing the trial court's denial of Everroad's motion to correct erroneous sentence wherein Everroad claimed that the trial court erred in failing to hold an indigency hearing before imposing fines and costs); Funk, 714 N.E.2d at 748-49 (evaluating a motion alleging Funk was convicted of a non-existent crime as a motion to correct erroneous sentence, not as a petiti

2003See Mitchell, 726 N.E.2d at 1243 (affirming the trial court's grant of Mitchell's motion to correct erroneous sentence where Mitchell's sentence violated double jeopardy); Everroad v. State, 730 N.E.2d 222, 224 (Ind.Ct.App.2000) (reversing the trial court's denial of Everroad's motion to correct erroneous sentence wherein Everroad claimed that the trial court erred in failing to hold an indigency hearing before imposing fines and costs); Funk, 714 N.E.2d at 748-49 (evaluating a motion alleging Funk was convicted of a non-existent crime as a motion to correct erroneous sentence, not as a petiti

2001Rather, his objection appeared to be based on whether there was evidence in the record to support the third paragraph of the instruction. 1 See Lehman v. State, 730 N.E.2d 701, 703 (Ind.2000) (asserting a new argument on appeal waives the appellate claim).