Testimony that defendant’s DNA was found in a national database was not an impermissible reference to his criminal record.
Criminal
Farmer v. State, No. 29A05-0810-CR-609, __ N.E.2d __ (Ind. Ct. App., July 9, 2009)
Trial court’s reference in the presence of the jury to witnesses as “experts” was error but not reversible.
Ben-Yisrayl v. State, No. 49A02-0806-CR-512, __ N.E.2d __ (Ind. Ct. App., July 10, 2009)
Indiana capital procedures do not authorize court to impose a term of years as a back-up sentence in case death penalty is reversed.
Peterson v. State, No. 29A05-0902-CR-101, __ N.E.2d )__ (Ind. Ct. App., July 14, 2009)
Probationer’s answers to sex offender treatment polygraph exam were properly admitted at his probation revocation hearing.
Caruthers v. State, No. 46A05-0810-CR-623, __ N.E.2d __ (Ind. Ct. App., July 15, 2009)
When jurors told bailiff during trial that defendant or his family had intimidated them, it was fundamental error for trial court not to examine jurors to determine what they had been exposed to and whether they could remain impartial.