Conviction on three counts of nonsupport for failure to pay in gross support order for three children did not violate Indiana Double Jeopardy law’s actual evidence doctrine; nonsupport restitution “victims” were the children, not the custodial parent; restitution order erroneously characterized restitution as “a civil judgment.”
Criminal
Smith v. Cain, No. 10–8145, 565 U.S. __ (Jan. 20, 2012).
State’s failure to disclose to defense the sole eyewitness’s pre-trial statement to detective that he could not identify any of the gunmen, when eyewitness identified defendant at trial as the first gunman, violated the due process prosecution disclosure rule of Brady v. Maryland.
Perry v. New Hampshire, No. 10–8974, 565 U.S. __ (Jan. 11, 2012).
Declines to adopt a due process judicial reliability screening procedure for eyewitness identification evidence.
Williams v. State, No. 49A02-1103-CR-266, __ N.E.2d __ (Ind. Ct. App., Jan. 11, 2012).
Statutory confidentiality for Board of Pharmacy prescription database protects prescription subject’s physician-patient and pharmacist-patient privileges, and subject’s criminal defense discovery request for prescription records waived these privileges’ protection, so that Board’s objections to disclosure based on confidentiality were without merit.
Dexter v. State, No. 79S05-1106-CR-367, __ N.E.2d __ (Ind., Jan. 12, 2012).
In an habitual offender proceeding, “an unsigned judgment is not sufficient to prove beyond a reasonable doubt the fact of a prior conviction.”