Three-year-old’s report of abuse to his preschool teachers was not testimonial hearsay, and therefore did not violate Confrontation Clause when admitted at trial. Neither the child—nor the teachers, despite their mandatory reporting obligations—had the “primary purpose” to create substitute for trial testimony or assist in prosecuting defendant, but rather to respond to ongoing child-abuse emergency by identifying and ending the threat to the child.
Criminal
Rose v. State, No. 20A04-1409-CR-343, ___ N.E.3d ___ (Ind. Ct. App., June 9, 2015).
Jury service by unopposed candidate for judge of the court in which the trial was held, and who had represented victim’s mother in an unrelated matter but had no recollection of the case, was not fundamental error.
State v. Vanderkolk, No. 79S04-1411-CR-718, ___ N.E.3d ___ (Ind., June 9, 2015).
Probationers or community corrections participants may, pursuant to a valid search condition or advance consent, authorize warrantless searches without reasonable suspicion; but language of home detention participant’s conditions of participation authorized searches only with probable cause.
Minor v. State, No. 49A02-1409-CR-628, ___ N.E.3d ___ (Ind. Ct. App., June 10, 2015).
Erroneous accomplice-liability instruction for attempted murder was harmless surplusage; State relied on ample evidence of Defendant’s liability as a principal and of his specific intent to kill, and did not seriously pursue accomplice liability as a distinct basis for conviction.
Mauch v. State, No. 06A01-1501-CR-16, ___ N.E.3d ___ (Ind. Ct. App., June 10, 2015).
Trial court abused its discretion in revoking defendant’s probation for failure to pay his restitution in full; defendant was elderly, unemployed, and in poor health, and was unable to obtain a reverse mortgage on his marital home because his wife refused to consent, but faithfully made monthly payments from his social-security income.