Smith v. State

I am unable to agree that Short v. State (1982) Ind., 443 N.E.2d 298, validates the purported judgment of conviction and the sentence sought to be imposed by a master commissioner. The Short opinion treated the matter as one of waiver, in that the defendant made no objection to the actions of the master commissioner. The court in Short premised its determination upon a conclusion that Short was not attacking the subject matter jurisdiction, but rather challenged the authority of the "presiding authority to so act." 443 N.E.2d at 309. Such treatment, however, in my view, failed to recognize…