Trial court’s indication it would consider defendant’s use of certain evidence as opening the door to evidence of defendant’s subsequent criminal conduct was not a ruling admitting the subsequent conduct into evidence, so that defendant’s failure to present his evidence and obtain an actual ruling on an objection to the subsequent conduct evidence did not preserve the issue for appeal.
Criminal
Griesmer v. State, No. 49S04-1408-CR-564, __ N.E.3d __ (Ind., Mar. 5, 2015).
Entrapment defense failed due to failure to prove alleged criminal conduct was the product of law enforcement action.
Cartwright v. State, No. 65A01-1404-CR-170, __ N.E.3d __ (Ind. Ct. App., Feb. 25, 2015).
Search warrant was erroneously issued, as the application did not establish the informant’s reliability, and the good faith exception could not save the search
Mathews v. State, No. 73A04-1406-CR-288, __ N.E.3d __ (Ind. Ct. App., Feb. 13, 2015).
Defendant waived his right of confrontation when he did not attend the victim’s trial deposition, conducted via Skype when she was in Louisiana, after he had been invited to attend.
Wise v. State, No. 49A02-1406-CR-408, __ N.E.3d __ (Ind. Ct. App., Feb. 13, 2015).
Victim’s handheld video camera video of playback of cellphone video was properly admitted under the “silent witness” theory and its admission as evidence did not violate the defendant’s confrontation rights.