Even though statute requiring preliminary appellate review of wiretap warrant has been repealed, Criminal Rule 25’s requirement of preliminary appellate review of wiretap warrants must be complied with.
Criminal
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.
Mogg v. State, No. 29A04-0902-CR-82, __ N.E.2d __ (Ind. Ct. App., Dec. 31, 2009)
Proper showing was made for probation revocation evidence of alcohol use generated by Secure Continuous Remote Alcohol Monitor (“SCRAM”) bracelet.