Testimony by police investigator of victim’s statement to investigator was inadmissible hearsay, and while defendant withdrew his hearsay objection he did not waive the objection under the circumstances
Criminal
Moss v. State, No. 49A02-1307-CR-618, __ N.E.3d __ (Ind. Ct. App., Mar. 20, 2014).
When defendant had his prior felony conviction reduced to a misdemeanor, after he was charged in this case with C felony handgun without a license based on the prior felony, his motion to dismiss the C felony should have been granted even though he had the prior felony conviction when the handgun offense was committed.
Hicks v. State, No. 82A01-1306-CR-256, __ N.E.2d __ (Ind. Ct. App., Mar. 11, 2014).
When “basic questions” asked by police in “pre-interview” did not result in a confession, there was no violation of Missouri v. Seibert’s rule that police cannot purposefully withhold Miranda warnings to get a confession and then secure a Miranda waiver, based on the first confession, before questioning to get a second confession.
Fernandez v. California, No. 12-7822, __ U.S. __ (Feb. 25, 2014).
When one occupant had consented to officers’ home entry and the other had refused consent, after officers arrested the objecting occupant and then returned an hour later and again obtained the first occupant’s consent, the officers’ entry was legal.
Harper v. State, No. 49A04-1305-CR-222, __ N.E.2d __ (Ind. Ct. App., Feb. 26, 2014).
Officer who lies to gain entrance to a home, without exigent circumstances and after consensual entry was denied, is not acting within the course of official duties so as to justify the arrest of the home owner for resisting arrest.