Defendant could not complain that judge erred by determining sexually violent predator status without expert testimony required by statute, since defense counsel invited the error by stating judge would make the determination based on the “doctors’ reports.”
Criminal
Carr v. State, No. 25S04-1004-CR-219, __ N.E.2d __ (Ind., Sept. 29, 2010)
For purposes of Criminal Rule 4 analysis, “[e]mploying the rhetoric of ‘delay chargeable to the State’ should be avoided.” Detective’s practice of congenially agreeing defendant had a right to the Miranda counsel he asked for and then continuing the interrogation violated the Edwards rule that interrogation must immediately cease after a counsel demand.
Diaz v. State, No. 20S05–0911–PC–521. __ N.E.2d __ (Ind., Sept. 29, 2010)
Post-conviction Spanish translation expert’s chart of translation errors at guilty plea hearing was a demonstrative exhibit erroneously excluded as hearsay. As post-conviction proceeding evidence did not reveal whether guilty plea and sentencing hearings’ Spanish translation was accurate, post-conviction court is directed to commission its own translation of the hearings and rehear evidence.
State v. Hobbs, No. 19S01-1001-CR-10, __ N.E.2d __ (Ind., Sept. 30, 2010)
While defendant was being arrested in the restaurant where he worked, a dog sniff alert for drugs in his car parked in the restaurant lot justified a warrantless search of the car under the “automobile exception.”
State v. Lucas, No. 91A05-1003-CR-247, __ N.E.2d __ (Ind. Ct. App., Sept. 30, 2010)
Portable breath test mouthpiece is not a foreign substance which would invalid a subsequent Datamaster blood alcohol content test.