Trial court improperly denied PCR summarily by taking judicial notice of prior guilty-plea proceedings; they had not been submitted as evidence in support of summary disposition under P-C.R. 1(4)(g) and were not part of the “pleadings” that could be considered under P-C.R. 1(4)(f).
Criminal
State v. Terrell, ___ N.E.3d ___, No. 55A01-1501-CR-9 (Ind. Ct. App. July 10, 2015).
Contraband found in probationer’s home was admissible; probationer waived search and seizure rights and agreed to “reasonable” searches as condition of probation, and search was not unreasonable (applying Vanderkolk v. State, 32 N.E.3d 775 (Ind. June 9, 2015)).
Seal v. State, ___ N.E.3d ___, No. 48A02-1410-CR-775 (Ind. Ct. App. July 15, 2015).
State’s inadvertent failure to preserve audio recordings of victims’ initial field interviews and subsequent follow-up interviews did not violate defendant’s rights; no law requires recording of victim interviews, and police did not intentionally sabotage or destroy the recordings they had attempted to make.
Hall v. State, No. 49S05-1412-CR-728, __ N.E.3d __ (Ind., July 2, 2015).
Trial court’s denial of defendant’s motion to compel discovery, even if in violation of the Sixth Amendment, was harmless beyond a reasonable doubt.
Wertz v. State, No. 48A04-1409-CR-427, __ N.E.3d __ (Ind. Ct. App., July 7, 2015).
“GPS device is similar in nature to a computer or cell phone, and that such a device cannot be treated as a ‘container’ that may be searched pursuant to the automobile exception to the warrant requirement.”