Sixth Amendment jury trial right’s “fair cross-section” requirement demands no particular method for determining fair representation of “distinctive groups.”
Criminal
Akard v. State, No. 79A02-0904-CR-345, __ N.E.2d __ (Ind. Ct. App., Mar. 30, 2010)
Use in State’s case-in-chief of defendant’s post-arrest, pre-Miranda silence violated the Doyle v. Ohio rule against using defendant’s post-Miranda silence against him.
Padilla v. Kentucky, No. 08–651, __ U.S. __ (Mar. 31, 2010)
Under the Sixth Amendment Strickland standard for effective assistance of counsel, “constitutionally competent counsel would have advised [the defendant] that his conviction for drug distribution made him subject to automatic deportation.”
Kiplinger v. State, No. 62S00-0809-CR-486, __ N.E.2d __ (Mar. 22, 2010)
Life without parole sentence could not be imposed when jury made no express finding the alleged aggravating circumstance had been proven beyond a reasonable doubt and the jury returned no sentencing recommendation.
State v. Schlecty, No. 38S04-0905-CR-246, __ N.E.2d __ (Ind., Mar. 24, 2010)
Fourth Amendment permits a reasonably conducted warrantless search of a probationer’s property supported by a probation search term and a reasonable suspicion of criminal activity.