Advice that a suspect has “the right to talk to a lawyer before answering any of [the law enforcement officers’] questions,” and that he can invoke this right “at any time. . . during th[e] interview,” satisfies Miranda requirement of advice of suspect’s right to have a lawyer with him during interrogation.
Criminal
Griffin v. State, No. 71S03-0907-CR-333, __ N.E.2d __ (Ind., Feb. 23, 2010)
Addresses the meaning of “briefly” in the drug crime enhancement “defense” that defendant was only “briefly” within one thousand feet of a school, park, etc..
Maryland v. Shatzer, No. 08–680, __ U.S. __ (Feb. 24, 2010)
Adopts a brightline rule that a fourteen-day break in Miranda custody ends the presumption of involuntariness established in Edwards v. Arizona for responses to police-initiated questioning after a subject has invoked the right to have Miranda counsel present during interrogation; a subject incarcerated for an unrelated crime is not in Miranda custody for purposes of this fourteen-day rule.
Hampton v. State, No. 49A04-0906-CR-331, __ N.E.2d __ (Ind. Ct. App., Feb. 8, 2010)
Statute providing that the first thirty years of an A felony child molesting sentence may not be suspended does not operate to change the minimum sentence for such an offense from twenty years to thirty.
Morris v. State, No. 02A03-0905-CR-210 , __ N.E.2d __ (Ind. Ct. App., Feb. 9, 2010)
Reviews instructing on conversion as a lesser included offense of theft.