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Case Clips

Published by the Indiana Office of Court Services

Criminal

Jackson v. State, No. 48S02-0809-CR-513, __ N.E.2d __ (Ind. Ct. App., June 30, 2009)

July 2, 2009 Filed Under: Criminal Tagged With: R. Rucker, Supreme

Assuming search warrant affidavit did not state probable cause, it still presented enough “indicia” for the “good faith exception” to apply.

Pollard v. State, No. 05S02-0906-CR-305, __ N.E.2d __ (Ind., June 30, 2009)

July 2, 2009 Filed Under: Criminal Tagged With: R. Rucker, Supreme, T. Boehm

Retroactive application of the sex offender “residency restriction statute” to Pollard violates the Indiana Constitution’s Ex Post Facto Clause.

King v. State, No. 49A04-0810-CR-609, __ N.E.2d __ (Ind. Ct. App., June 30, 2009)

July 2, 2009 Filed Under: Criminal Tagged With: Appeals, T. Crone

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.

Dowell v. State, No. 32A01-0810-PC-508, __ N.E.2D __ (Ind. Ct. App., June 30, 2009)

July 2, 2009 Filed Under: Criminal Tagged With: Appeals, N. Vaidik

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)

July 2, 2009 Filed Under: Criminal Tagged With: R. Shepard, Supreme

Breath test results were admissible even though machine had not been adjusted to reflect daylight savings time.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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