Richard K. Dean v. State of Indiana (mem. dec.), 73A01-1612-CR-2722

Probation violation hearing held after Dean admitted some violations; 363 days suspended sentence ordered to be served; probation supervision split between counties; new alleged offense in Madison County alleged; no counsel at revocation hearing; court advised rights but allegedly not consequences of admitting without counsel; Dean immediately requested a lawyer after sentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was Dean’s waiver of counsel knowing, intelligent, and voluntary?	Dean argues waiver was not knowing or voluntary.	State argues standard waiver occurred under advisement of rights.	Waiver not knowing, intelligent, voluntary; remanded for new hearing.

Tumulty v. State, 666 N.E.2d 394 (Ind. 1996) (proper vehicle for challenges to guilty pleas in post-conviction relief)
Huffman v. State, 822 N.E.2d 656 (Ind. Ct. App. 2005) (applied Tumulty to probation revocations)
Butler v. State, 951 N.E.2d 255 (Ind. Ct. App. 2011) (no rigid warning checklist; look at totality of circumstances)
Cooper v. State, 900 N.E.2d 64 (Ind. Ct. App. 2009) (de novo review of waiver of right to counsel)
Eaton v. State, 894 N.E.2d 213 (Ind. Ct. App. 2008) (waiver must reflect awareness of rights and consequences)
Hopper v. State, 957 N.E.2d 613 (Ind. 2011) (rejects rigid warnings; considers case-specific factors)
Iowa v. Tovar, 541 U.S. 77 (2004) (no talismanic language required for waiver)
Penson v. Ohio, 488 U.S. 75 (1988) (invalid waivers are not subject to harmless-error analysis)