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.
Criminal
Gonzalez v. State, No. 82S01-0909-CR-408, __ N.E.2d __ (Ind., May 20, 2010)
“[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)
Prisoner’s ex post facto challenge to sex offender registration should be brought under new statutory procedure in IC 11-8-8-22.
Davidson v. State, No. 49S02-1001-CR-41, __ N.E.2d __ (Ind., May 25, 2010)
Appellate Rule 7 sentence review encompasses the totality of the sentence, including suspended periods and other alternative sentencing components.
Merchant v. State, No. 02A05-0910-CR-610, __ N.E.2d __ (Ind. Ct. App., May 5, 2010)
Uncuffed driver with second officer five feet from driver’s side door while first officer was standing by the open driver’s door was “unsecured and within reaching distance of the passenger compartment” so that warrantless search of compartment was permissible under Arizona v. Gant.