Suppression of evidence found during Indiana warrantless extradition arrest erroneously focused on flaws in Alabama magistrate’s probable cause determination, when correct inquiry was whether Indiana officers’ reliance on the report of Alabama warrant was reasonable.
Criminal
Barnes v. State, No. 82A05-0910-CR-592, __ N.E.2d __ (Ind. Ct. App., Apr. 15, 2010)
Evidence required court to have instructed on defendant’s right to reasonably resist officer’s unlawful entry into defendant’s home.
Killebrew v. State, No. 49A05-0905-CR-246, __ N.E.2d __ (Ind. Ct. App., Apr. 6, 2010)
Defendant established prosecutor’s neutral explanations for peremptory strike were pretextual and hence violated Batson rule when white jurors were not struck after giving answers the same as struck African-American’s and trial judge made no finding on prosecutor’s assertion about struck juror’s “emphatic” demeanor.
Beattie v. State, No. 82S01-0907-CR-307, __ N.E.2d __ (Ind., Apr. 8, 2010)
Inconsistent verdicts in criminal cases are permissible and are not subject to judicial review.
Berghuis v. Smith, No. 08–1402, __ U.S. __ (Mar. 30, 2010)
Sixth Amendment jury trial right’s “fair cross-section” requirement demands no particular method for determining fair representation of “distinctive groups.”