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.
Criminal
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.”
Hopper v. State, No. 13S01-1007-PC-399, __ N.E.2d __ (Ind., Sept. 29, 2010)
A defendant seeking to waive counsel and proceed pro se should not only be advised of the dangers of going to trial without a lawyer, as required by Faretta v. California, but should also “be informed that an attorney is usually more experienced in plea negotiations and better able to identify and evaluate any potential defenses and evidentiary or procedural problems in the prosecution’s case.”