Defendant’s federal and state constitutional rights to counsel were not violated when police had minor, for whom defendant was charged with assisting to get a tattoo, call the defendant and elicit statements police recorded about defendant’s prior criminal sexual conduct with the minor.
Criminal
Saffold v. State, No. 49A05-1003-CR-180, __ N.E.2d __ (Ind. Ct. App., Dec. 17, 2010)
Under both the 4th Amendment and the Indiana Constitution, officer safety permitted a second pat-down search of motorist stopped for traffic infraction after officer reasonably suspected motorist might be armed, had him exit the vehicle, and found ammunition on his person in the initial pat-down and more ammunition in the vehicle.
Dawson v. State, No. 49A02-1001-CR-155, __ N.E.2d __ (Ind. Ct. App., Dec. 17, 2010)
Post-Conviction Rule 2 applies only to belated appeals of convictions or sentences and accordingly does not allow a belated appeal of a probation revocation.
Deloney v. State, No. 22A01-0906-CR-273, __ N.E.2d __ (Ind. Ct. App., Dec. 17, 2010)
DNA evidence is not sufficiently relevant to be admissible when the defendant “could not be excluded from a possibly infinite number of people matching the crime-scene DNA and the DNA expert cannot offer a statistical probability whether the crime scene DNA came from the defendant.”
State v. West, No. 45A03-1003-PC-213, __ N.E.2d __ (Ind. Ct. App., Dec. 20, 2010)
When the trial transcript was not completed by the date of the P-C.R. hearing, the P-C.R. court did not err in admitting the “then-unavailable transcript” into evidence, with the consent of State and the petitioner, at the hearing in anticipation of its being admitted after completion.