When defendant had testified against special prosecutor’s brother-in-law in an unrelated recent case, the special prosecutor’s appointment was dissolved by a Supreme Court writ of mandate and prohibition based on the appearance of impropriety.
Criminal
Nunley v. State, No. 31A01-0902-CR-88, __ N.E.2d __ (Ind. Ct. App., Nov. 16, 2009)
Child’s statement did not have sufficient indicia of reliability to be admissible under the protected persons statute.
Davis v. State, No. 49A04-0907-CR-379, __ N.E.2d __ (Ind. Ct. App., Nov. 17, 2009)
When probationer admitted only his arrest for new offense but not of probable cause, and State did not present the probable cause affidavit or any other evidence of the new offense, revocation of probation violated probationer’s due process rights.
Lawrence v. State, No. 29A02-0906-CR-580, __ N.E.2d __ (Ind. Ct. App., Oct. 23, 2009)
“Prison mailbox rule” (prisoner mailing considered filed when given to prison authorities to be sent to court) applies to notices of direct appeal.
Koenig v. State, No. 42A04-0903-CR-146, __ N.E.2d __ (Ind. Ct. App., Oct. 30, 2009)
Defendant’s trial objection on hearsay and foundational grounds sufficed to preserve the Confrontation Clause argument he wished to raise on appeal.