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Case Clips

Published by the Indiana Office of Court Services

Criminal

J.S. v. State, No. 79S02-1006-CR-296, __ N.E.2d __ (Ind., June 9, 2010)

June 11, 2010 Filed Under: Criminal Tagged With: B. Dickson, Supreme

“[T]he LSI-R score is not in the nature of, nor may it be considered as, an aggravating or mitigating circumstance.”

Dept. of Correction v. Haley, No. 56A03-0911-CR-553, __ N.E.2d __ (Ind. Ct. App., June 9, 2010)

June 11, 2010 Filed Under: Criminal Tagged With: Appeals, T. Crone

In an action to contest DOC denial of educational credit time, the Attorney General, not the prosecutor, must represent the Department.

Ramirez v. State, No. 65A01-0911-CR-543, __ N.E.2d__ (Ind. Ct. App., May 28, 2010)

June 1, 2010 Filed Under: Criminal Tagged With: Appeals, B. Barteau, N. Vaidik

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)

May 28, 2010 Filed Under: Criminal Tagged With: Supreme, T. Boehm

“[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)

May 28, 2010 Filed Under: Criminal Tagged With: Appeals, M. Barnes

Prisoner’s ex post facto challenge to sex offender registration should be brought under new statutory procedure in IC 11-8-8-22.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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