One of three separate opinions in plurality decision would hold State had to corroborate citizen tip with testimony that officers saw no other vehicles besides defendant’s which matched the tipster’s description.
Criminal
Upshaw v. State, No. 49A02-1003-CR-239, __ N.E.2d __ (Ind. Ct. App., Sept. 22, 2010)
After defendant’s release on recognizance satisfied his initial C.R. 4(B) motion for speedy trial in 70 days, his “renewal” of his motion, after arrest on new charges and the revocation of his release on recognizance due to the new arrest, began a new 70 day period, not a resumption of the original 70 days.
Hyche v. State, No. 49A02-0911-CR-1154, __ N.E.2d __ (Ind. Ct. App., Sept. 23, 2010)
Defendant’s arranging to buy and pay for cocaine for himself was not “dealing.”
Temperly v. State, No. 49A02-1001-CR-52, __ N.E.2d __ (Ind. Ct. App., Sept. 9, 2010)
Temperly v. State (Ind. Ct. App., Kirsch, J.)-Evidence that defendant’s BAC was .244 and that he had been involved without fault in a fatal accident did not, without more, prove he endangered another person so as to be guilty of Class A misdemeanor OWI.
Trotter v. State, No. 29A02-0910-CR-974, __ N.E.2d __ (Ind. Ct. App., Sept. 10, 2010)
Fourth Amendment “attenuation of taint” doctrine has no application under the Indiana Constitution; in any event, doctrine would not apply to these facts.