Under the Implied Consent statutes, “blood may be drawn at a licensed hospital or by certain people if not at a licensed hospital. To the extent that someone else draws blood, the evidence must show that the person is properly trained and performed the draw in a medically acceptable manner.”
Criminal
Clarke v. State, No. 49A02-1202-PC-65, __ N.E.2d __ (Ind. Ct. App., Sept. 14, 2012).
Defendant’s circumstances, including the fact he had two children born in the United States after his guilty plea, did not suffice to support his claim that he would not have pled guilty had he received advice about deportation consequences from trial counsel.
Honeycutt v. State, No. 92A04-1203-CR-149, __ N.E.2d __ (Ind. Ct. App., Sept. 5, 2012).
Assuming a defendant can waive the right to have additional charges dismissed under the Successive Prosecution Statute, this defendant, who pled guilty after waiving counsel and being advised additional charges might be filed, did not waive the right as he was not aware of his rights under the Statute and was not represented by counsel.
Wilson v. State, No. 29A02-1202-CR-88, __ N.E.2d __ (Ind. Ct. App., Sept. 6, 2012).
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.”
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.