Record of defendant’s felony conviction reached in another state when he was fifteen years old was insufficient to support habitual offender finding without additional evidence on the other state’s procedures assuring that he was convicted as an adult.
Criminal
Michigan v. Bryant, No. 09–150, __ U.S. __ (Feb. 28, 2011)
Statement of mortally wounded victim to police was not “testimonial” under Crawford Confrontation Clause holding because circumstances indicated “primary purpose” of the police questions eliciting statement was to “meet an ongoing emergency.”
Boss v. State, No. 49A02-1002-CR-225, __ N.E.2d __ (Ind. Ct. App., Feb. 18, 2011)
As dog bite and dog control ordinances defendant admitted violating were not criminal, the ordinance judgments did not bar defendant’s prosecution for animal bite and failure to immunize from rabies misdemeanors even though all were based on the same conduct.
Burke v. State, No. 49A02-1006-CR-660, __ N.E.2d __ (Ind. Ct. App., Feb. 21, 2011)
Sentence enhancement for burglary of a structure used for religious worship does not violate federal Constitution’s Establishment Clause or Indiana Constitution’s prohibition of government preference for a particular religion.
State v. Velasquez, No. 53A05-1003-CR-194, __ N.E.2d __ (Ind. Ct. App., Feb. 22, 2011)
Trial court did not err by giving a preliminary instruction on State’s anticipated use of character evidence. Licensed social worker providing treatment to child victim properly could testify as to victim’s statements to her which the worker or another could rely on to give treatment, even though the worker said she did not make diagnoses. Statutory prohibition of licensed clinical social worker’s giving opinion testimony did not preclude worker’s being qualified as an expert or giving factual testimony.