The jury foreperson’s report that the jury was unanimous regarding the charges of capital murder and first-degree murder in his favor was not a final resolution when the trial ended in a mistrial, and so the Double Jeopardy Clause does not bar retrying defendant on those charges.
Criminal
Adams v. State, No. 49A05-1107-CR-372,___ N.E.2d ___ (Ind. Ct. App., May 24, 2012).
The definition of mature stalks of marijuana is not unconstitutionally vague in light of the facts and circumstances of the present case.
Lewis v. State, No. 40A01-1106-CR-276, __ N.E.2d _ (Ind. Ct. App., May 14, 2012).
“Can I get a lawyer?” was an unequivocal request for an attorney under Miranda.
Jones v. State, No. 49A02-1109-CR-853, __ N.E.2d __ (Ind. Ct. App., May 17, 2012).
Venue lay in county where victims resided when defendant violated the no-contact order by phoning them.
Lee v. State, No. 49A04-1105-CR-225, __ N.E.2d __ (Ind. Ct. App., May 17, 2012).
State’s evidence did not show officers had a reasonable belief sex offense suspect would destroy DNA evidence on his body, so that there were no exigent circumstances permitting the police to obtain DNA swabs from the suspect without first getting a search warrant.