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Case Clips

Published by the Indiana Office of Court Services

Criminal

Ervin v. State, No. 29A05-1109-CR-454, ___ N.E.2d ___ (Ind. Ct. App., May 30, 2012

May 31, 2012 Filed Under: Criminal Tagged With: Appeals, J. Baker

Trial court properly concluded that evidence should not be suppressed as Ind. Code § 9-30-2-2 was not implicated. The statute provides that an officer may not arrest a person “for a violation of an Indiana law regulating the use and operation of a motor vehicle on an Indiana highway” unless the officer is in uniform or a marked police vehicle, but defendant was not arrested for violating a law regulating the use of a motor vehicle.

Blueford v. Arkansas, No. 10–1320, 566 U.S. ____ (May 24, 2012).

May 25, 2012 Filed Under: Criminal Tagged With: J. Roberts, S. Sotomayor, SCOTUS

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.

Adams v. State, No. 49A05-1107-CR-372,___ N.E.2d ___ (Ind. Ct. App., May 24, 2012).

May 25, 2012 Filed Under: Criminal Tagged With: Appeals, P. Riley

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).

May 18, 2012 Filed Under: Criminal Tagged With: Appeals, C. Bradford

“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).

May 18, 2012 Filed Under: Criminal Tagged With: Appeals, J. Kirsch

Venue lay in county where victims resided when defendant violated the no-contact order by phoning them.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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