Consecutive 16-year sentences for both delivering and manufacturing methamphetamine were inappropriate where evidence of manufacturing was seized pursuant to search warrant for State-sponsored delivery offenses.
Criminal
State v. Taylor, No. 46S04-1509-CR-552, ___ N.E.3d ___ (Ind., March 30, 2016).
Police eavesdropping on attorney-client conference was reprehensible and presumptively prejudicial, but under the circumstances did not necessarily warrant suppression of all testimony from officers who invoked their Fifth Amendment privilege about the eavesdropping. Presumption of prejudice was rebuttable if State could prove beyond reasonable doubt that each witness’s anticipated testimony was untainted by the misconduct and do so without implicating witnesses’ Fifth Amendment privilege.
Fisher v. State, No. 20A03-1509-CR-1373, ___ N.E.3d ___ (Ind. Ct. App., March 31, 2016).
Restitution order was proper, despite plea agreement’s silence about restitution; agreement implicitly incorporated I.C. § 35-48-4-17, which mandates restitution in methamphetamine cleanup cases.
Caetano v. Massachusetts, No. 14-10078, ___ U.S. ___ (March 21, 2016).
Second Amendment protects possession of stun guns; right is not limited to arms in existence at the founding or weapons useful in warfare.
Mannix v. State, No. 49A04-1505-CR-294, ___ N.E.3d ___ (Ind. Ct. App., March 23, 2016).
Chemical test administered over three hours after accident is admissible, but deprives the State of the rebuttable presumption that the results reflect driver’s time-of-accident BAC.
Trial court could not rely solely on elements of one offense to impose greater-than-advisory sentence for the other.