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Case Clips

Published by the Indiana Office of Court Services

Criminal

Shepherd v. State, No. 70A01-0908-PC-388, __ N.E.2d __ (Ind. Ct. App., Apr. 14, 2010)

April 20, 2010 Filed Under: Criminal Tagged With: Appeals, T. Crone

Defense counsel’s representation of key prosecution witness on unrelated pending charges created a prima facie case of actual conflict and resulted in counsel’s failure to cross-examine the witness on the charges, resulting in ineffective assistance.

Shotts v. State, No. 71S03-0905-CR-253, __ N.E.2d __ (Ind., Apr. 15, 2010)

April 20, 2010 Filed Under: Criminal Tagged With: F. Sullivan, Supreme, T. Boehm

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.

Barnes v. State, No. 82A05-0910-CR-592, __ N.E.2d __ (Ind. Ct. App., Apr. 15, 2010)

April 20, 2010 Filed Under: Criminal Tagged With: Appeals, P. Mathias

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)

April 9, 2010 Filed Under: Criminal Tagged With: Appeals, M. Barnes, P. Mathias

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)

April 9, 2010 Filed Under: Criminal Tagged With: B. Dickson, Supreme

Inconsistent verdicts in criminal cases are permissible and are not subject to judicial review.

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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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