Admission of in-court field test for marijuana was error under Ev. Rule 702, as the field-tester did not testify as to the “specific name or otherwise identify the test, indicate its reliability or rate of accuracy or error, note the scientific principles on which it is based, or recognize any standards regarding its use and operation.”
Criminal
Browning v. State, No. 49A05-1110-CR-540, __ N.E.2d __ (Ind. Ct. App., July 17, 2012).
Evidence that defendant had child pornography images in a file-sharing program on his computer and that he knew others using the same file-sharing program could access and download the images in the program on his computer supported his conviction of child exploitation.
Hollin v. State, No. 69S05-1201-PC-6, __ N.E.2d __ (Ind., July 12, 2012).
Affirms trial court holding that state’s failure to disclose favorable plea bargain given to accomplice who testified against defendant violated the Brady v. Maryland obligation to disclose favorable evidence.
McWhorter v. State, No. 33A01-1202-PC-72, __ N.E.2d __ (Ind. Ct. App., July 12, 2012).
Instructions “prescribed sequential error.”
Stutz v. State, No. 49A02-1110-CR-960, __ N.E.2d __ (Ind. Ct. App., July 5, 2012).
“[C]lass A misdemeanor operating a vehicle with a BAC of at least .15 percent is not a lesser included offense of class C misdemeanor operating while intoxicated.”