There is no Due Process right to access lost or destroyed evidence, here DNA evidence, during post-conviction proceedings.
Criminal
Martin v. State, No. 73A01-1207-CR-300, __ N.E.2d __ (Ind. Ct. App., Apr. 8, 2013).
Trial delays caused by toxicology witness’s repeated failures to appear for defense deposition were properly counted against the State in computing the Criminal Rule 4(C) one-year period.
Lopez v. State, No. 15A01-1212-CR-550, __ N.E.2d __ (Ind. Ct. App., Apr. 8, 2013).
When the State had seized considerable sums from defendant’s safe deposit boxes, the adverse effect flight would have on his ability to recover the money was a factor the court should have given some weight to in setting bail.
Florida v. Jardines, No. 11–564, __ U.S. __ (Mar. 26, 2013).
Police using a drug dog at a home’s front door was a Fourth Amendment search.
Lagrone v State, No. 49A05-1203-CR-135, __ U.S. __ (Ind. Ct. App., Mar. 26, 2013).
Police placement of a GPS device in a package opened by UPS did not violate the Fourth Amendment, but police use of a “parcel wire” to monitor the opening of the package once defendant had taken it into his home was an illegal search under the Fourth Amendment; police could not enter the home without a warrant under the “exigent circumstances” exception because the exigent circumstances – the wire’s alert that the package was opening – were the result of their Fourth Amendment violation.