1994 sex offender’s transformation “by operation of law” into sexually violent predator under 2007 legislation did not violate Indiana ex post facto protections or Indiana separation of powers provision.
Criminal
Moore V. State, No. 49S04-1101-CR-24, __ N.E.2d __ (Ind. June 28, 2011)
Defendant, a passenger in a car “in a state of intoxication caused by the person’s use of alcohol or a controlled substance,” was properly convicted of public intoxication, because a vehicle stopped along a highway is “public place or a place of public resort.”
Garcia-Torres V. State, No. 64S03-0912-CR-550, __ N.E.2d __ (Ind. June 30, 2011)
Defendant’s consent to the swab of his cheek for DNA was voluntary, so the swab did not violate the Fourth Amendment; further, a Pirtle advisement was not warranted before the swab was taken.
Cartwright v. State, No. 82A01-1005-CR-214, __ N.E.2D __ (Ind. Ct. App., June 22, 2011)
Finds the State’s four race-neutral reasons for peremptory challenge to only African-American venireperson to have been pretextual because the trial judge made no finding which of the four reasons it relied on to reject the Batson challenge and because the State failed to “develop anything beyond the most superficial of records regarding its reasons.”
Bullcoming v. New Mexico, No. 09–10876, __ U.S. __ (June 23, 2011)
The “Confrontation Clause [does not] permit the prosecution to introduce a forensic laboratory report containing a testimonial certification—made for the purpose of proving a particular fact—through the in-court testimony of a scientist who did not sign the certification or perform or observe the test reported in the certification. We hold that surrogate testimony of that order does not meet the constitutional requirement. The accused’s right is to be confronted with the analyst who made the certification, unless that analyst is unavailable at trial, and the accused had an opportunity, pretrial, to cross-examine that particular scientist.”