Rejects defendant’s claim that attorneys were ineffective for not arguing a certain case because defendant mischaracterized that case.
Criminal
Cross v. State, No. 73S01-1401-CR-29, __ N.E.3d __ (Ind., Sept. 3, 2014).
Firearm sentence enhancement and handgun without a permit conviction were based on the same behavior in violation of Indiana common law rule supplementing Indiana Double Jeopardy protection.
Hall v. State, No. 49A05-1312-CR-614, __ N.E.3d __ (Ind. Ct. App., Sept. 4, 2014).
Trial court erred in excluding phone call transcript containing information about alleged molesting victim’s apparent false accusation of nonconsensual sex with another individual; also holds trial court erred in not compelling a party to the phone call to answer deposition questions about the call.
Gyamfi v. State, No. 30A01-1311-CR-487, __ N.E.3d __ (Ind. Ct. App., Sept. 4, 2014).
Applies prior holding that the “attenuation doctrine” of Fourth Amendment law does not apply under the Indiana Constitution; majority opinion concludes that the Fourth Amendment inevitable discovery doctrine does not apply under the Indiana Constitution, but concurring panel members conclude instead that inevitable discovery could apply under the Indiana Constitution but that the State failed to show an inevitable discovery.
State v. Schulze, No. 73A01-1311-CR-471, __ N.E.3d __ (Ind. Ct. App., Aug. 26, 2014).
Officer who offers a chemical test to a suspected intoxicated driver is not required to be certified to administer the test.