There is no brightline rule that when an inmate is questioned in prison about events in the outside world there is custody for Miranda purposes.
Criminal
State v. Vickers, No. 88A05-1106-PC-317, __ N.E.2d __ (Ind. Ct. App., Feb. 21, 2012).
Fact that there was no record of defendant’s waiver of his right to counsel was not sufficient to meet his P-C.R. burden to prove his waiver was involuntary.
Yanez v. State, No. 49A02-1104-CR-362, __ N.E.2d __ (Ind. Ct. App., Feb. 21, 2012).
When officer who made the investigatory stop did not testify as to her reasons for making the stop and supporting officer’s testimony amounted only to “postulation” as for reasons for the initial stop, there was no showing that there was any constitutional basis for stopping the defendant.
Cartwright v. State, No. 82S01-1109-CR-564, __ N.E.2d __ (Ind., Feb. 22, 2012).
Affirms trial court’s rejection of Batson challenge.
Abbott v. State, No. 34S02-1202-CR-110, __N.E.2d __ (Ind., Feb. 22, 2012).
Maximum sentence was inappropriate when B felony enhancement was due to the arresting officer’s stopping the defendant’s car a few yards from a church.