Prompt admonition to jury to disregard lay witness’s statement in violation of motion in limine “though you have never heard of it,” together with other circumstances of the trial, avoided need for mistrial.
Criminal
Gonzalez v. State, No. 82A01-0809-CR-406, __ N.E.2d __ (Ind. Ct. App., June 23, 2009)
Gonzalez v. State (Ind. Ct. App., May, J.)-When trial judge took plea agreement under advisement to allow the school which owned the bus defendant hit to decide whether to object, defendant’s letter to the school apologizing was a plea negotiation statement privileged under Evidence Rule 410 and its admission in evidence was reversible error.
Melendez-Diaz v. Massachusetts, No. 07-591, __ U.S. __ (June 25, 2009)
Admission of government lab technicians’ sworn “certificates of analysis” that substance taken from defendant was cocaine violated defendant’s Sixth Amendment Confrontation Clause right; the certificates were “affidavits” and within the “core class of testimonial statements” defined in Crawford v. Washington.
Farris v. State, No. 02S03-0904-PC-181, __ N.E.2d __ (Ind., June 17, 2009)
Consecutive habitual offender sentences are not authorized when related charges are tried in separate causes.
Bailey v. State, No. 49S02-0812-CR-00630, __ N.E.2d __ (Ind., June 18, 2009)
Disorderly conduct’s “tumultuous conduct” may occur “when the aggressor appears well on his way to inflicting serious bodily injury but relents in the face of superior force or creative resistance.”