Defendants are entitled to a rebuttable presumption of prejudice when they can show by a preponderance of the evidence that an unauthorized, extra-judicial contact or communication with jurors occurred, and that the contact or communication pertained to the matter before the jury.
Criminal
Brewington v. State, No. 15S01-1405-CR-309, __ N.E.3d __ (Ind., May 1, 2014).
Affirms intimidation and obstruction of justice convictions for defendant who threatened safety of child custody judge and expert witness.
J.K. v. State, No. 66A03-1306-JS-220, __ N.E.3d __ (Ind. Ct. App, Apr. 29, 2014).
Warrantless entry of curtilage, lengthy knock and talk, and residential entry violated juvenile’s Fourth Amendment rights.
Navarette v. California, No. 12-9490, __ U.S. __ (Apr. 22, 2014).
Under the totality of the circumstances, which began when an anonymous 911 caller reported that a vehicle had run her off the road, police officer had reasonable suspicion that the driver was intoxicated so that officer’s traffic stop complied with the Fourth Amendment.
Black v. State, No. 01A04-1310-CR-526, __ N.E.3d __ (Ind. Ct. App., Apr. 22, 2014).
Time of counsel’s appointment, not his appearance, cuts off defendant’s ability to make a valid pro se motion for early trial.