Internet service provider’s business record of defendant’s internet account activity was inadmissible under Ev. Rule 803(6) when there was no verification by provider of personal information filled in by the one who established the account, leading to a “lack of trustworthiness” under the Rule.
Criminal
Dowell v. State, No. 32A01-0810-PC-508, __ N.E.2D __ (Ind. Ct. App., June 30, 2009)
Applies “prison mailbox rule” to P-C.R. 1 proceedings.
State v. Cioch, No. 79S05-0902-CR-00092, __ N.E.2d __ (Ind., July 1, 2009)
Breath test results were admissible even though machine had not been adjusted to reflect daylight savings time.
Webster v. State, No. 71A03-0902-CR-78, __ N.E.2D __ (Ind. Ct. App., June 22, 2009)
Search of traffic stop passenger’s purse, on basis officer thought it looked “stretched” and might therefore contain a firearm, violated Art. 1, Section 11 of the Indiana Constitution.
Stokes v. State, No. 43A04-0811-CR-655, __N.E.2d __ (Ind. Ct. App., June 23, 2009)
Alternate’s conversation with deliberating jurors did not require a mistrial when trial judge polled jurors and all indicated they were not influenced by alternate.