Experts unanimously agreed defendant was legally insane, but other evidence in the record supported the jury’s conclusion that he was not; as it was not shown defendant was given Miranda rights, the State could use his post-arrest silence and request for an attorney as evidence of sanity without violating his due process rights.
Criminal
Schaadt v. State, No. 33A05-1409-CR-428, __ N.E.3d __ (Ind. Ct. App., Apr. 8, 2015).
Savings clause for 2014 penal reforms does not violate the Indiana Constitution’s Equal Privileges and Immunities Clause.
Grady v. North Carolina, No. 14-593, __ U.S. __ (Mar. 30, 2015).
Attachment of a GPS monitor to a recidivist sex offender without his consent is a Fourth Amendment search; as the question of the reasonableness of the GPS monitor “search” in this case was not raised, the Court does not address it.
Jackson v. State, No. 34A01-1409-CR-455, __ N.E.2d __ (Ind. Ct. App., Mar. 31, 2015).
Probation condition to report within forty-eight hours an arrest or charge for a “new criminal offense” was ambiguous as to whether it applied to an arrest or charge for an offense committed before the probationary period began; holds the ambiguity must be construed against the State, so that the reporting condition did not include arrests or charges for offenses committed before probation began.
Moore v. State, No. 71S00-1405-LW-361, __ N.E.3d __ (Ind., Mar. 24, 2015).
The incredible dubiosity rule is inapplicable in the present case because the factors [1) a sole testifying witness; 2) testimony that is inherently contradictory, equivocal, or the result of coercion; and 3) a complete absence of circumstantial evidence] were not present.