Datamaster evidence ticket is not “testimonial hearsay” under the Crawford Confrontation Clause holding.
Criminal
Thomas v. State, No. 49A02-1002-CR-105, __ N.E.2d __ (Ind. Ct. App., Nov. 8, 2010)
Vacates invasion of privacy conviction for protection order subject’s “stop calling me, fagot [sic]” remark to protected person during a court hearing, on basis direct contempt was “more appropriate” remedy.
Parish v. State, No. 02A03-1002-CR-74, __ N.E.2d __ (Ind. Ct. App., Nov. 9, 2010)
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.
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.