Sheri’s Sidebar Edition #22 January 12, 2024

1. Are you aware that Community Custody Conditions are not presumed to be constitutional?

2. Do you know that when calculating an offender score, when a Class C conviction can be included in an offender score if there is an intervening misdemeanor? Does it matter if the misdemeanor was a conviction or probation violation? How do you figure it out with the wash out period?

3. Don’t you hate it when you find the best authority and the opposing party argues it must be dicta? It is so frustrating. However, I found it interesting, even though this is a civil case, that trial courts do not make dicta.

4. Clarifications from the Ethics Conference: (a) Yes, all offers must be presented to clients, apparently even illegal offers. (b) Despite the initial discrepancy between two presentations, an indigent client has no authority to dismiss appointed counsel, as was indicated at the time, there is supporting binding authority. (c) Authority has been provided in response to when an indigent client may lose the right to appointed counsel based on their conduct.

5. The State has been amending charges late frequently, right before and during trial. The State always tells the court they are allowed to. They are correct, they are allowed to. Did you know the Court does not have to allow the State to Amend.