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.
Criminal
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.
Tolliver v. State, No. 45A03-0906-CR-250, __ N.E.2d __ (Ind. Ct. App., Mar. 18, 2010)
Allowing police officer to testify as an expert on “body language” bearing on credibility was error, but testimony officer actually gave was admissible lay opinion evidence about physical behavior indicating reluctance to cooperate.