Trial court did not abuse discretion by excluding evidence of Department of Toxicology Laboratory audits of tests performed from 2007 t0 2009, on the basis that defendant’s test was performed in 2011 when “different procedures were executed by different analysts serving under a different Director more than 1 ½ years beyond the chronological scope of the audits.”
Criminal
Dowell v. State, No. 09A05-1201-CR-36, __ N.E.2d__ (Ind. Ct. App., Aug. 27, 2012).
Jury Rules’ “leeway” for assisting a deliberating jury does not permit giving a supplemental instruction on accomplice liability by means of a note to jurors, instead of rereading all instructions in open court.
Bean v. State, No. 91A02-1109-CR-906, __ N.E.2d __ (Ind. Ct. App., Aug. 22, 2012).
Among factors leading to conclusion there was Miranda custody was the giving of Miranda rights, defendant’s invocation of those rights, and police failure to comply with them, notwithstanding continued police assurances during lengthy questioning that defendant was free to leave whenever he wished.
Iltzsch v. State, No. 49A02-1112-CR-1164, __ N.E.2d __ (Ind. Ct. App., Aug. 14, 2012).
Reverses restitution order because it rested solely upon victim’s unsupported assertions of loss as related to probation officer and placed in PSI, and holds State may not have a new restitution hearing to present evidence sufficient to support a restitution award.
Gulzar v. State, No. 20A03-1202-PC-88, __ N.E.2d __ (Ind. Ct. App., Aug. 7, 2012).
Even assuming, had he been advised of deportation consequences, that defendant would not have pled guilty due to the “special circumstances” that deportation would have uprooted his family, the very strong evidence of his guilt made harmless counsel’s failure to advise him that his theft plea bargain would result in automatic deportation.