When officer knew motorist stopped for a traffic violation and handcuffed outside the vehicle for safety was a suspect in shootings, her protective search of passenger compartment permissibly included unlocking the glove box to check it for weapons.
Criminal
Oberst v. State, No. 14A05-1003-PC-157, __ N.E.2d __ (Ind. Ct. App., Nov. 3, 2010)
Because the Sixth Amendment counsel right does not apply to a pre-charge police interview, defendant could not assert a claim that counsel gave him ineffective assistance during the interview.
Moore v. State, __ N.E.2d __ (Ind. Ct. App., Oct. 21, 2010)
A woman who was asleep in the passenger seat of her car, which her friend was driving, did not thereby commit the public intoxication offense.
Kennedy v. State, No. 89A04-0907-CR-380, __ N.E.2d __ (Ind. Ct. App., Oct. 6, 2010)
Defense attack on technical details of DNA testing went to the weight, not admissibility, of DNA identification evidence.
Morgan v. State, No. 49A04-1001-CR-43, __ N.E.2d __ (Ind. Ct. App., Oct. 13, 2010)
“[A] stipulation may be presented to the jury in the form of a preliminary instruction.”