Evidence that habitual traffic offender’s “Zuma” was travelling at 43 miles per hour sufficed to prove that it had a “maximum design speed” of more than 25 miles per hour and that accordingly it was not a “motorized bicycle” which defendant could operate while suspended.
Criminal
Cline v. State, No. 06A05-1111-MI-611, __ N.E.2d __ (Ind. Ct. App., July 26, 2012).
Trial court, which determined that Indiana ex post facto law prevents state from requiring petitioner to register as a sex offender, did not have authority to order the petitioner’s name to be removed from the Sex Offender Registry.
Doolin v. State, No. 32A01-1111-CR-545, __ N.E.2d __ (Ind. Ct. App., July 16, 2012).
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.”
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.