Holds that recent U.S. Supreme Court Confrontation Clause decisions do not alter the result in the earlier Indiana holding that breath test equipment certificates of inspection are not “testimonial” and accordingly are admissible without implicating the Confrontation Clause.
Criminal
Gray v. State, No. 49A02-1205-CR-352, __ N.E.2d __ (Ind. Ct. App., Feb. 11, 2013).
Trial judge erred by not allowing defendant to play portion of deposition audiotape in which witness made a statement inconsistent with the witness’s trial testimony.
Pace v. State, No. 20A03-1206-PC-378, __ N.E.2d __ (Ind. Ct. App., Feb. 5, 2013).
Failure to demand bifurcation of serious violent felony charge and dealing in amphetamine charge was ineffective assistance of counsel in this case.
Coats v. State, No. 49A02-1206-CR-526, __ N.E.2d __ (Ind. Ct. App., Feb. 7, 2013).
The better practice is to follow the statutory commitment procedures concerning competence to stand trial, but here the trial court did not err in not using those procedures where the defendant’s dementia left no hope that competency could be restored.
Iltzsch v. State, No. 49S02-49S02-1301-CR-57, __ N.E.2d __ (Ind., Jan. 24, 2013).
Remands for a new restitution hearing to allow presentation of additional evidence on losses compensable through restitution, when evidence presented at initial hearing was held insufficient by the Court of Appeals.