In an action to contest DOC denial of educational credit time, the Attorney General, not the prosecutor, must represent the Department.
Criminal
Ramirez v. State, No. 65A01-0911-CR-543, __ N.E.2d__ (Ind. Ct. App., May 28, 2010)
U.S. Supreme Court’s Melendez-Diaz holding does not require a change from prior Court of Appeals opinions that Dept. of Toxicology breathalyzer test certificate is not “testimonial” and hence is admissible without testimony from the tester.
Gonzalez v. State, No. 82S01-0909-CR-408, __ N.E.2d __ (Ind., May 20, 2010)
“[A] defendant’s statements made to a victim or to the court in an effort to gain acceptance of a plea agreement by the court are statements in connection with a plea agreement and therefore are not admissible in evidence pursuant to Evidence Rule 410.”
Wiggins v. State, No. 45A03-0912-CR-613, __ N.E.2d __ (Ind. Ct. App., May 24, 2010)
Prisoner’s ex post facto challenge to sex offender registration should be brought under new statutory procedure in IC 11-8-8-22.
Davidson v. State, No. 49S02-1001-CR-41, __ N.E.2d __ (Ind., May 25, 2010)
Appellate Rule 7 sentence review encompasses the totality of the sentence, including suspended periods and other alternative sentencing components.