Jones v. Zatecky

Man is charged with several crimes; an Indiana trial court sets date beyond which prosecutors may no longer significantly amend the charges. Yikes! Prosecutors significantly amend the charges nine days after the deadline. But the man’s lawyer fails to object, and the court permits the change. He’s convicted; the “lion’s share” of his sentence comes from the late change. District court: Too bad. Seventh Circuit (over a dissent): Vacated. His lawyer should have objected. If, as the state says, Indiana defense attorneys commonly do not object to late changes, that is more concerning rather than less.

Tags: 2019, Right to Counsel, Sentencing, Seventh Circuit

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