“[A]ny fact that increases the mandatory minimum [sentence] is an ‘element’ that must be submitted to the jury.”
Criminal
Crocker v. State, No. 79A04-1210-CR-542, __ N.E.2d __ (Ind. Ct. App., June 18, 2013).
Motorist told to sit in squad car after being stopped on the highway was in “custody” when questioned by the officer in the car.
Maryland v. King, No. 12–207, __ U.S. __ (June 3, 2013).
When officers make an arrest supported by probable cause to hold for a serious offense and they bring the suspect to the station to be detained in custody, taking and analyzing a cheek swab of the arrestee’s DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment.
Hartman v. State, No. 68S01-1305-CR-395, __ N.E.2d __ (Ind., May 31, 2013).
Incriminating statements made to detectives during an early morning interrogation in the county jail were inadmissible because the defendant had invoked his right to counsel at an interrogation two days before.
Wilson v. State, No. 88A01-1301-CR-2, __ N.E.2d __ (Ind. Ct. App., May 31, 2013).
Finding of contempt was not an abuse of discretion when woman had been granted use and derivative use immunity.