Former defense counsel, who had withdrawn when another client, defendant’s jailmate, became a state’s witness, could not be compelled to disclose what he had learned from the prospective witness through the attorney-client relationship, particularly when there were adequate alternative sources of impeachment available to defendant.
Criminal
State v. Haldeman, No. 55S00-0906-CR-266, __ N.E.2d __ (Ind., Jan. 15, 2010)
Even though statute requiring preliminary appellate review of wiretap warrant has been repealed, Criminal Rule 25’s requirement of preliminary appellate review of wiretap warrants must be complied with.
Presley v. Georgia, No. 09-5270, __ U.S. __ (Jan. 19, 2010)
Defendant’s Sixth Amendment public trial right requires that jury selection be open to the public.
Nicoson v. State, No. 32A04-0905-CR-241, __ N.E.2d __ (Ind. Ct. App., Jan. 20, 2010)
Indiana Constitution’s double jeopardy protection permits defendant’s conviction of criminal confinement with a deadly weapon to be enhance for the use of a firearm.
Bowling v. State, No. 68A05-0906-CR-306, __ N.E.2d. __ (Ind. Ct. App., Dec. 30, 2009)
Interstate Agreement on Detainers 180 day trial right is not triggered until prosecutor and court in prosecution state receive prisoner’s request for trial.