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Sobirjon Rakhimov v. State of Indiana
24A-CR-2172
Criminal. Affirms Sobirjon Rakhimov’s two convictions in Whitley Circuit Court for reckless homicide. Finds that no reasonable interpretation of the facts suggests that Rakhimov’s conduct was merely negligent. Also finds that while Rakhimov was free to, and did, argue to the jury that he acted only negligently, the trial court did not abuse its discretion by refusing any of the jury instructions proposed by Rakhimov. Attorney for appellant: Cara Schaefer Wieneke. Attorneys for appellee: Attorney General Todd Rokita, Assistant Section Chief, Criminal Appeals Jesse Drum.
Joshua Butler v. State of Indiana
24A-CR-2631
Criminal. Reverses Joshua Butler’s conviction in Marion Superior Court, following a bench trial, of Level 6 felony impersonation of a public servant. Finds that a review of the record reveals no evidence that Butler personally waived his right to a jury trial. Also finds the evidence reveals that although Butler’s counsel signed and filed a jury trial waiver, Butler did not sign the waiver. Finally, finds the trial court’s failure to confirm Butler’s personal waiver before proceeding to a bench trial was fundamental error. Remands for a new trial. Attorney for appellant: Susan Rayl. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Alexandria Sons.
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