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557 N.E.2d 665

Moore v. State

Indiana Supreme Court

Decided August 2, 1990

Indiana Supreme Court · decided 1990-08-02

Relies on Flowers v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1990-08-02

How this case has been cited

Cited by 11 later decisions — most recently November 2018

11 state decisions

70199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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DeBRULER, Justice,

¶1concurring.

¶2In resolving the claim that the trial court committed error when denying the public *670defender’s motion for permission to withdraw, the majority opinion states that the legal standard to be applied when ruling on such a motion is whether a grant of the motion will result in delay in the administration of justice. This accurately follows the language employed in previous cases of this Court in which I have concurred, for example, most recently in Flowers v. State (1988), Ind., 528 N.E.2d 57. However, it now appears to me that this formulation may be too abstract and may be misleading. I take this opportunity to simply point out, as the actual handling of these claims on appeal demonstrates, that in addition to the element of delay, it is appropriate to consider other relevant factors, including but not limited to, the nature of the charges, the nature of the defense, defense preparations, and the extent and cause of any breakdown in communications between client and counsel. The range of appropriate factors would approximate the range of factors considered when ruling on motions for continuance of the trial itself.

¶3DICKSON, J., concurs.

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