When a person convicted of nonsupport of a dependent must pay support as a condition of probation, he has the burden to prove he was unable to pay at a revocation for having failed to make the support payments.
Criminal
King v. State, No. 49S04-0911-CR-507, __ N.E.2d __ (Ind., Mar. 2, 2010)
Holds that the crime of attempted dissemination of matter harmful to minors can be committed when the harmful matter is sent to a police officer posing as a minor.
Washington v. State, No. 49A02-0907-CR-649, __ N.E.2d __ (Ind. Ct. App., Mar. 4, 2010)
Warrantless search of vehicle during infraction stop to find a handgun which driver admitted he had and for which he possessed a valid permit violated the Fourth Amendment when the officer lacked an articulable basis of concern for officer safety.
Florida v. Powell, No. 08–1175, __ U.S. __ (Feb. 23, 2010)
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.
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..