Affirms trial court’s decision not to apply the alternative juvenile sentencing provision and to instead impose a standard adult sentence.
Criminal
Montgomery v. State, No. 82A01-1404-CR-163, __ N.E.3d __ (Ind. Ct. App., Dec. 11, 2014).
NPLEx system’s records of pseudoephedrine or ephedrine sales evidence were not “testimonial” and hence their admission did not violate the accused’s Sixth Amendment Confrontation Clause rights.
Watters v. State, No. 34A02-1403-CR-215, __ N.E.3d __ (Ind. Ct. App., Nov. 21, 2014).
Under the “indicia of reliability” rule for probation revocation evidence, admission of uncertified exhibits not substantiated by certified copies, affidavits, or testimony was reversible error.
Montgomery v. State, No. 49A02-1312-CR-1039, __ N.E.3d __ (Ind. Ct. App., Nov. 21, 2014).
When post-conviction court determines petitioner received ineffective assistance of counsel on direct appeal, the remedy is a new trial, not a trial court order that petitioner received a second direct appeal.
Smith v. State, No. 71A04-1312-CR-609, __ N.E.3d __ (Ind. Ct. App., Nov. 24, 2014).
When accomplice had given a sworn factual basis for her burglary guilty plea admitting that she broke into the building, her testimony under a grant of immunity at defendant’s trial that defendant was the one who had broken in, not her, amounted to reversible knowing use of perjured testimony by the State.