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.
Criminal
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.
Long v. State, No. 41A04-0912-CR-743, __ N.E.2d __ (Ind. Ct. App., Sept. 30, 2010)
Evidence raised sufficient inference that purchaser under lease-to-purchase contract never intended to pay, so that proof purchaser took furnishings when he moved out sufficed, with intent inference, to prove crime of theft.